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HomeMy WebLinkAbout20230404163823432ORDIN AN ORDINANCE FINDING THAT CERTAIN LAND " L15 Lvv r IGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN TO BE KNOWN AS FOUNTAIN PARK, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER, BARBARA MYALL, HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: .ANNEXATION AND ZONING ORDINANCE (AZ -01-004) - 1 A parcel of land being all of Lots 18, 19, and 20, and a portion East Wilson Lane and North Locust Grove Road of Pleasant Valley Subdivision, according to the plat thereof, filed in Book 12, Page 665 of Plats in the Office of the County Recorder, Ada County, Idaho, located in the West 1/2 of Section 8, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section corner common to Sections 5,6,7, and 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence along the boundary line common to Sections 7 and 8, South 00°00'23" West a distance f 445.00 feet to a point on the centerline of East Wilson Lane, said point also being THE TRUE POINT OF BEGINNING; thence along the centerline of East Wilson Lane, North 89034'33" East a distance of 1038.17 feet to a point on the northerly extension of the line common to Lots 7 and 20 Pleasant Valley Subdivision; thence along said extended line and the common line of Lots 7 and 20 Pleasant Valley Subdivision; South 00°00'23" West a distance of 1014.63 feet to a point on the southwesterly boundary line of said Pleasant Valley Subdivision; thence along said southwesterly boundary line, North 65°46'37" West a distance of 294.73 feet; thence along said southwesterly boundary line and an extension of said southwesterly boundary line, North 55°59'37" West a distance of 928.00 feet to a point on the line common to Sections 7 and 8; thence along said common line, North 00°00'23" East a distance of 367.00 feet to THE POINT OF BEGINNING. Said parcel contains 740,401 square feet or 17.00 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium High Density Residential District (R-15) . SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ -01-004) - 2 and area maps as well as the official zoning maps, comprehensive plan and all official neaps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section I dated the day of , 2001, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ -01-004) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. ATTEST: CITY CLERIC STATE OF IDAHO,) . ss. MAYOR County of Ada. ) On this _day of-----, 2001, before me, the undersigned, a Notary Public in and for said State, personally to ine to be the appeared Mayor andOBER Clerk of CORRIE and WILLIAM G. BERG, �J1R.'exe�u ed the within instrun ent, and the CITY of Meridian, Idaho, and aclalowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set 1ny hand and affixed niy official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: Z:\Work\M\Meridian\Meridian 15360NUountain Park AZO 1.004 CUPO1-007\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ -01-004) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinances Y of passed by the City Council of the City of Meridian, on the 2001, is a true and correct copy of the original of said ll document which is in the care, custody and control of the City Cleric of the City of WILLIAM G. BERG, JR. STATE OF IDAHO, ) ss. County of Ada, ) On this day of , in the year 2001, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ ZAWork\M\Meridian\Meridian 15360M\Fountain Park AZ01-004 CUP01-007\Certificat1on0fC1erk0rd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -01-004 1 00WCI J)o-U�-cj wco dxo, DEVELOPMENT `4 "G c1 i PARTIES: 1. City of Meridian ScY\-+IDJ A fic) �A �r-N 2. Barbara 1/lyall,Ownei I lb 10 3, David Waldron,Deva THIS DEVELOPMENT AC made and entered into this day of between CITY OF 1V1ERIDiX , a municipal corporation of the State of Idaho, hereafter called "CITY", and BARBARA MYALL, hereinafter called "OWNER", whose address is 6227 Marlborough Drive, Goleta, California 93117, and DAVID WALDRON, hereinafter called "DEVELOPER", whose address is 1933 Springbrook Lane, Boise, Idaho 83706. l RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada,State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of annexation and zoning that the "Owner" or Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "property" described in Exhibit A, and has requested a designation of Medium High Density Residential District R-12, (Meridian City Code §§ 11-7-2 E); and DEVELOPMENT AGREEMENT (AZ -01-004) - 1 L5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning Sc Zoning Commission and before the Nleridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the _ day of , 2001, has approved certain Findings of Fact and Conclusions of Lav and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner" and "Developer" to enter into a development agreement before the City Council takes final action on re -zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by DEVELOPMENT AGREEMENT (AZ -01-004) - 2 the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation andzoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to David Waldron, whose address is 1933 Springbroolc Lane, Boise, Idaho 83706, the party developing said "Property" and shall include any subsequent "Developers" of the "Property" 3.3 "OWNER": means and refers to Barbara Myall, whose address is 6227 Marlborough Drive, Goleta, California 93117, the party owning said "Property" and shall include any subsequent owner(s) of the "Property". DEVELOPMENT AGREEMENT (AZ -01-004) - 3 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 E which are herein specified as follows: R15 Medium High Density Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero, lot line single- family dwellings, townhouses, apartment buildings and condominiums. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a 216 unit apartment complex. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City s approval thereof, in accordance to the City's Zoning &. DEVELOPMENT AGREEMENT (AZ -01-004) - 4 Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer" and "Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de - annexation and rezoning, with the City of Meridian which provides for the following conditions of development to -wit: 6.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laving adjacent and contiguous to the parcel, except the Jackson Drain, shall be tiled per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. It is recognized by the City that the Applicant proposes to keep the Jackson Drain open as a project amenity. 6.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes such as landscape irrigation. 6.3 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.5 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. DEVELOPMENT AGREEMENT (AZ -01-004) - 5 6.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.7 All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 6.8 Provide Five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 6.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.10 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6.11 All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code 31-3805. 6.12 Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other requirement permits), whichever occurs first. 6.13 Construct a 5 -foot wide concrete sidewalk on Locust Grove Road located 2 -feet within the right-of-way. If the sidewalk DEVELOPMENT AGREEMENT (AZ -01-004) - 6 meanders out of the right-of-way, the applicant shall provide an easement. 6.14 Construct curb, gutter and a 5 -foot ` Conconcrete ruct Nilson Lane ewalk and match paving on Wilson Street to one-half of a 40 -foot street section. 6.15 Driveways on Wilson Lane shall be locatedriveways minimum or full feet from public street a d at least 30 -feet and at least 30 -feet width of 24 to 30 -fee beyond the edge of pavement of Wilson Lane. 6.16 Construct a driveway on Locust Grove lo cated oir strum of 150 -feet from any existing valocation proposed ofdFset 150 -feet from the Verify that the driveway approved driveway at Locust Grove Plalze drivewa apThe drive is proposing to construct aisles on both sides of the median shall be a minimum of 20- feet wide. Pave the driveway its full w dG o and at leavith st 30-feet f et beyond the edge of pavement of Locust 15- foot radii abutting the pavement edge. 6.17 Construct a center turn lane on Locust h 11 be roveoadtru for the to driveway intersection. The turn lane provide a minimum of 100 -feet die ctio s ge with s adow Coordinp ere s for both the approach and departure the design of the turn lane with District staff. 6.18 Locate any proposed gated entry a i o f nn" of oposed gated 50 -feet from a public road. Coordinate the locationy p entry with District staff. 6.19 A11 utility and irrigation relocation Chessite hall be borne by sociated with improving street frontages abutting the developer. 6.20 Any proposed landscape islands/medhansbe t fined a n the Pd blic right-of-way dedicated by this plat DEVELOPMENT AGREEMENT (AZ -01-004) - 7 maintained by a honleo,�vners association. 6.21 Other than the access point specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. 6.22 Additionally, Applicant shall comply ithed Aprilthe HD 2001. Standard Requirements in their 7. COMPLIANCE PERIOD/ CON SE NTrn I� O REl be ZONE: This Agreement and the commitments contained the zoning designation reversed, upon a default of the "Developer" and "Owner" or "Developers and Owners heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing of theldapment of te this Agrebement ct is "Property" of this agreement within two years o effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. g. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION "Developer" and "Owner" consent upon default to the de -annexation and/or a reversal of the zoning designation of the Property" subject to and conditioned upon the following conditions precedent to -wit: 8,1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and "Owner" and if the "Developer" and "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" and "Owner" shall, mmedia el ly upon completion of any portion or the entiretydevelopment "Property" as required by this agreement or by Citi ordinancewritten the City Engineer and request the City Engineers inspections and approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ -01-004) - 8 10. DEFAULT: 10.1 In the event "Developer" and "Owner", "Developer's" and "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" and "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and "Owner's" cost, and submit proof of such recording to "Developer" and "Owner", prior to the third reading of the Meridian :Zoning Ordinance in connection with the rezoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the rezoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to DEVELOPMENT AGREEMENT (AZ -01-004) - 9 secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach oe this Aged °Ownerh shall parties agree that City and D P have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy providesuch for herein; provided, cannot however, that in the case of any da eriod, with diligence be cured thirty 30 to ure)the sip ze if the defaulting party shall commence within such thirty (30) day period and thereafter shall prosecute the curing of same witfaigure mayence and becontinuity, e,Ytended then the time allowed to cure such for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performa theof any and "Owner" or nt to be performed hereunder by either "City" is delayed for causes at which a blbeyond te reasonable control of the party Po such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the sme f time such performance shall be extendedy the amount of such delay. SURETY OF PERFORMANCE: The "City" may also require 14. surety bonds, irrevocable letters of credit, cash CdtpCode §12-5 3d, toinsu e that negotiable bonds, as allowed under Meridian y installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The e "D vedper" ll "Owner" agrees that no Certificates of Occupancy �V imP rovernents are completed, unless the "City" and "Developer" andd"OO n er" have entered into an addendum agreement stating s will be completed in a phased developed; and in any event, no Certificates of DEVELOPMENT AGREEMENT (AZ -01-004) - 10 Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" and Owner agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to reversal of the zoning if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 OWNER: Barbara Myall 6227 Marlborough Drive Goleta, California 93117 DEVELOPER: David Waldron 1933 Springbroolc Lane Boise, Idaho 83706 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between DEVELOPMENT AGREEMENT (AZ -01-004) - 11 the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer" and "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and "Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their DEVELOPMENT AGREEMENT (AZ -01-004) - 12 successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance 'vvith the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT (AZ -01-004) - 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER 1014 Barbara Myall DEVELOPER David Waldron CITY OF MERIDIAN Mayor Robert D. Corrie Attest: City Cleric BY RESOLUTION NO. DEVELOPMENT AGREEMENT (AZ -01-004) -14 STATE OF CALIFORNIA) :ss COUNTY OF ) On this day of , in the year 2001, before me, a Notary Public, personally appeared Barbara Nlyall, known or identified to me to be the person who executed the instrument, and acknowledged to me having executed the same. (SEAL) STATE OF IDAHO :ss COUNTY OF ADA ) Notary Public for California Commission expires: On this day of 'in the year 2001, before me, a Notary Public, personally appeared David Waldron, known or identified to me to be the person who executed the instrument, and acknowledged to me having executed the same. (SEAL) Notary Public for Idaho Commission expires:_ DEVELOPMENT AGREEMENT (AZ -01-004) -15 STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2001, before me, a Notary Public, personally appeared bd Clerk,ert espe orrie and e Williarn of the G. Berg, know or identified to me to be the City of Meridian, who executed the instrum�oWled edperson to me that such City at executed the instrument of behalf of said City, and ac g executed the same. ( SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT (AZ -01-004) - 16 EXHIBIT A Legal Description Of Property A parcel of land being all of Lots 18, 19, and 20, and a portion East Wilson Lane and North Locust Grove Road of Pleasant Valley Subdivision, according to the plat thereof, tiled in Book 12, Page 665 of Plats in the Office of the County Recorder, Ada County, Idaho, located in the West '/z of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section corner common to Sections 5,6,7, and 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence along the boundary line common to Sections 7 and 8, South 00°00'23" West a distance of 445.00 feet to a point on the centerline of East Wilson Lane, said point also being THE TRUE POINT OF BEGINNING; thence along the centerline of East Wilson Lane, North 89°34'33" East a distance of 1038.17 feet to a point on the northerly extension of the line common to Lots 7 and 20 Pleasant Valley Subdivision; thence along said extended line and the common line of Lots 7 and 20 Pleasant Valley Subdivision; South 00°00'23" West a distance of 1014.63 feet to a point on the southwesterly boundary line of said Pleasant Valley Subdivision; thence along said southwesterly boundary line, North 65°46'37" West a distance of 294.73 feet; thence along said southwesterly boundary line and an extension of said southwesterly boundary line, North 55°59'37" West a distance of 928.00 feet to a point on the line common to Sections 7 and 8; thence along said common line, North 00°00'23" East a distance of 367.00 feet to THE POINT OF BEGINNING. Said parcel contains 740,401 square feet or 17.00 acres, more or less. DEVELOPMENT AGREEMENT (AZ -01-004) -17 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian\Meridian 15360Wountain Park A7-01-004 Cupo J-007\QevelopAzrforAZ.doc DEVELOPMENT AGREEMENT (AZ -01-004) - 18 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAVID WALDRON, THE APPLICATION FOR ANNEXATION AND ZONING OF 16 ACRES FOR PROPOSED FOUNTAIN PARI( - SUBDIVISION, LOCATED AT THE SOUTHEAST CORNER OF LOCUST GROVE AND WILSON LANE, MERIDIAN, IDAI-10 C/C 05 -0 1 -01 Case No. AZ -01-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 1, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant were David Waldron and Phil Hull, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) Page 1 FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for May 1, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 1, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property, which is the subject of the application For annexation and Zoning, is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 16 acres in size and is located at the southeast corner of Locust Grove and Wilson Lane. The property is designated as Fountain Park. 6. The owner of record of the subject property is Barbara Ntyall of Goleta, California. 7. Applicant is David Waldron of Boise, Idaho. 8. The property is presently zoned by Ada County as R -T, and consists of vacant land. 9. The Applicant requests the property be zoned as R-15. 10. The subject property is bordered by CG, RUT and R-40 zoning and city limits of the City of Meridian are adjacent and abut to the north of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 216 unit apartment complex. 14. The Applicant requests zoning of the subject real property as R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 16.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, signage, pathways, and other items as required by the Commission or Council. 16.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the parcel, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER (�?-'NTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) except the Jackson Drain, shall be tiled per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. It is recognized by the City that the Applicant proposes to keep the Jackson Drain open as a project amenity. 16.3 Aa -1v existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes such as landscape irrigation. 16.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 16.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.6 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.7 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.8 All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.9 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 16.10 All construction shall conform to the requirements of the Americans FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION — (AZ -01-004) with Disabilities Act. 16.11 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 16.12 All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code 31-3805. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other requirement permits), whichever occurs first. 16.14 Construct a 5 -foot wide concrete sidewalk on Locust Grove Road located 2 -feet within the right-of-way. If the sidewalk meanders out of the right-of-way, the applicant shall provide an easement. 16.15 Construct curb, gutter and a 5 -foot wide concrete sidewalk and match paving on Wilson Street. Construct Wilson Lane to one-half of a 40 - foot street section. 16.16 Driveways on Wilson Lane shall be located a minimum of 50 -feet from public street intersections. Pave driveways their full width of 24 to 30 - feet and at least 30 -feet and at least 30 -feet beyond the edge of pavement of Wilson Lane. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) 16.17 Construct a driveway on Locust Grove located a minimum of 150 -feet from any existing or proposed driveways or streets. Verify that the drivewav location is offset 150 -feet from the approved driveway at Locust Grove Place. The applicant is proposing to construct a median in the driveway. The drive aisles on both sides of the median shall be a minimum of 20 -feet wide. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Locust Grove Road with 15 - foot radii abutting the pavement edge. 16.18 Construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 16.19 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 16.20 All utility and irrigation relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16.21 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 16.22 Other than the access point specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. 16.23 Additionally, Applicant shall comply with the ACHD's Standard Requirements in their letter dated April 19, 2001. 17. 1t is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FnR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium High Density Residential District (R-15) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions fthe assure that processing fand such requirements of the zoning ordinancep application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) _ residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will Finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Nleridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY DAVID WALDRON FOUNTAIN PARD SUBDIVISION - (AZ -01-004) _ 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B The sections of the Comprehensive Plan that most directly apply to the proposed project are as follows: 4.1 Land Use I AU - Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1.8U - Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2. 1 - Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, duplexes, apartments, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.2U - Support strategies for the development of neighborhood parks within all residential areas. 2.3U - Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 6.8U - New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Natural Resources and Hazardous Areas 1.1U - Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. as 2. 1 - Development along major drainage cause add tyon 111ground or be ted to ensure that development does not surface water contamination. 3.1U - Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation I AU - Monitor and coordinate the compatibility of the land use :,d transportation system. 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Open Space, Parks and Recreation 2.5U - New subdivision development... will be considered as opportunities to ... Encourage the development of recreational open spaces and parks as part of new planned developments. Housing 1.1 - ...provide for a wide diversity of housing types ... in a variety of locations suitable for residential development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 .AND DECISION ANDR ZONiNGBYER ING DAVID PLICATION W -D �N FOR ANNEXATION AND FOUNTAIN PARK SUBDIVISION - (AZ -01-004) 1.4 - The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 5.2 - Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.1 1 U - Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. 5. The zonings of Medium High Residential District (R-15) is defined in the Zoning Ordinance at § 11-7-2 E as follows: (R-15) Medium High Density Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible mixed/planned unit development. 7. Since the annexation and zoning of land is a legislative function, the City FINDINGS OP FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) has authority to place conditions upon the annexation of land. See Burt vs. The City of Idah_, 105 Idaho 65, 665 Ptd 1075 (1983). S. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make'a written commitment concerning the use or development of the subject property.commitment required sdor hall permitted, it shall be recorded in the office of the AdaCounty Recorder take effect upon the adoption of the ordinance the c arcele�Unlesng ds theng the commitment or prior if agreed to by the owner p modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, is binding and each oonethe Tson owner of acquiring the an interest in the property. A commitment property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CnI`dCI_LISIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTINGAPPLICATION ON FOR ANNEXATION AND ZONING/BY DAVID FOUNTAIN PARK SUBDIVISION - (AZ -01-004) FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 16 acres to Medium High Density Residential District (R-15) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 16 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, signage, pathways, and other items as required by the Commission or Council. 3.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the parcel, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) except the Jackson Drain, shall be tiled per City Ordinance 12-4-1'3. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. It is recognized by the City that the Applicant proposes to keep the Jackson Drain open as a project amenity. hin this 3.3 Any existing domestic wells and/or septic nestic servi etper City Ordinance shall have to be removed from their Section 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes such as landscape irrigation. ights 3.4 Two -hundred -fifty- and 100 -watt, hig tpessure sodium Public Works Depalrtmenthall be required at locations designated bye All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.6 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. architect 3.7 A drainage plan designed bya State of submittdaho ed to the City Engineer or engineer is required and shall be (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.8 All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.9 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.10 All construction shall conform to the requirements of the Americans FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION — (AZ -01-004) with Disabilities Act. 3.1 1 Underground year-round pressurized irrigation shall be provided to all on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. It water Applicant shall be required to utilize any existing surface or we for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Nampa &. Meridian Irrigation District as follows: 3.12 All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code 31-3805. Adopt the Recommendations of the Ada County Highway District as follows: 3.13 Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other requirement permits), whichever occurs first. 3.14 Construct a 5 -foot wide concrete sidewalk on Locust Grove Road located 2 -feet within the right-of-way. If the sidewalk meanders out of the right-of-way, the applicant shall provide an easement. 3.15 Construct curb, gutter and a 5 -foot wide concrete sidewalk and match paving on Wilson Street. Construct Wilson Lane to one-half of a 40 - foot street section. 3.16 Driveways on Wilson Lane shall be located a minimum of 50 -feet from public street intersections. Pave driveways their full width of 24 to 30 - feet and at least 30 -feet and at least 30 -feet beyond the edge of pavement of Wilson Lane. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY DAVID WALDRON FOUNTAIN PARK SUBDIVISION - (AZ -01-004) 3. 17 Construct a driveway on Locust Grove located a minimum of 150 -Feet From any existing or proposed driveways or streets. Verify that the driveway location is offset 150 -feet from the approved driveway at Locust Grove Place. The applicant is proposing to construct a median in the driveway. The drive aisles on both sides of the median shall be a minimum of 20 -feet wide. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Locust Grove Road Nvith 15 - foot radii abutting the pavement edge. 3.18 Construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane shall be constructed to provide a minimum of 100 -Feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 3.19 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 3.20 All utility and irrigation relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3.21 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 3.22 Other than the access point specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. 3.23 Additionally, Applicant shall comply with the ACHD's Standard Requirements in their letter dated April 19, 2001. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-15) Medium High Density Residential District, and Meridian City Code § 11-7-2 E. 5. Subsequent to the passage of the Ordinance provided for in section 4 of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGJBY DAVID WALDRON FOUNTAIN PARI( SUBDIVISION - (AZ -01-004) this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Council at its regular meeting held on the (� day By action of the City of M a &,/1— , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARD SUBDIVISION - (AZ -01-004) VOTED 6 -- VOTED 4k, �`' VOTED Page 19 COUNCILWOvl,,VN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5— z15 --o MOTION: APPROVE DISAPPROVED: VOTED � — VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By - Dated: City Cleric Eft L 7 'j 4 \NPA NTS40 PDC\SF.RVER Z\Work\M\N1eridian\N1eddian 15360Iv1\Fountain Park AZOI-004 CUPOI-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY DAVID WALDRON FOUNTAIN PARK SUBDIVISION —(AZ -01-004) Idaho Housing and Finance ASSOCIATION October 11, 2001 Chairperson Meridian City Council Meridian City Offices 33 East Idaho Meridian, ID 83642 RECEIVED r, i i y of meridian City Clerk Off ice Project Name: Fountain Park Apartments Project Location 1470 North Locust Grove Road, Meridian Project Description: Garden Apartments —104 Multifamily Units Sponsor: Ada County Housing Authority Dear Chairperson: P.O. Box 7899 (565 W. Myrtle Street) Boise, Idaho 83707-1899 208-331-4882 Fax 208-331-4802 www.ihfa.org TDD 800-545-1833 Ext. 400 t or In an effort to provide local officials with an oppoin rtunity community,nthe pdahoeHoudsb g and ack on affordable housing developments proposedsing Finance Association is hereby notifying Ya u This developmenthat the bl will � ompeteewithpother ment referenced above is proposed in your are applications submitted for Low -Income Housing Tax Credits. eve opers The Low -Income Housing Tax Credit Programprovides unlditsan a deve(ves to lopmentdas alffordab�e affordable housing who designate at least 20% o for families at designated income levels. o eldaho� awardsgthedst Finance credit Association,oauthoritythe to administrator of the credit for the State roved b the sponsors who have successfully competed of Commissioners. udrthe Allocation Plan app Y Governor and Association's Board If you would like to comment on the proposed project, please include the following points in your response: ic factors which may affect the feasibility of the • Describe any local econom proposed development; Describe the general community support for developments which are • designated to assist households with limited income; and • Please specifically address whether you feel that there is a need for additional rental units of this type in your community. ic In previous responses from local leaders, we have been be helpful n dete min nnformed g copublmmunity support.e developer and/or local municipalities can often P Letters of community support will not be accepted from public officials or public housing agencies that have a relationship or material involvement in the development. Should any subsequent issues or concerns arise prior to our final determination, please notify us accordingly. OIIOINNRf Chairperson Meridian City Council October 11, 2001 Page 2 If you have any questions about the Low -Income Housing Tax Credit or the proposed development, please contact me. Sincerely, Robert E. Reed, Jr. Vice President, Real Estate Lending AZ 01-004 May 12, 2001 MERIDIAN CITY COUNCIL MEETING May 15, 2001 ITEM NO. 3-B APPLICANT David Waldron s from RT to R-1 5 for proposed Fountain Park REQUEST Findings - AZ of �1�6 acre u r�e REQUEST -SEC of Locust Grove and Wilson Lane Hollows COMMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR. See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: 1r SANITARY SERVICE COMPANY U CENTRAL DISTRICT HEALTH. NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS* BUREAU OF RECLAMATION: OTHER: Date: Phone' -LIZ Contacted: qc, "i at public meetings shall become prop erty of the city of meridian. Materials presented WHITE PETERSON WHITE, PETERSON, MORROW NYE & RossMAN, P.A. GIGRAY, ROSSM ATTORNEYS AT LAW JULIE I(LEIN FISCHER CHRISTOPHER S. NYE PHILIP A. PETERSON WM. F• GIGRAY, III M.JOHNSON ERIC S. RoSSMA14 BRENT D. SAMUEL JOHNSON TODD A. ROSSMAN M• SWARTLEY LARRY D• MOORE DAVID TERAENCE R. WHITE** WILLIAM A. MORROW WILLIAM R NICHOLS* .ALSO ADMITTED IN OR ..ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 899 80.1150 2 FAX (208) 288.2501 May 3, 2001 William G. Berg,� J�r., City Cleric MERIDIAN ' HALL 33 East Idaho Meridian, Idaho 83642 FOUNTAIN PARD SUBDIVI IOVNLO MENTA-G� M D T ANNETIUIN "N ZONING FINDINGS 4�D D E CASE NO. AZ - NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED MAY -8 001, CITY OF MERIDIAN Re: Dear Will: nclosed the original Of the FINDINGS APPLICATION OR Please find e D DECISION AND ORDER GRANTING CONCLUSIONS OF LAVA AN r also attached the original of the ZONING prepared as per instructionsaVrom the Council meeting of May ANNEXATION AND ZON May 1 2001, and which are on the genda for developer) 5,2001. es. Development Agreement for approves the Findings of Fat the also attached hereto the Development Agreement for the above matter. nd I have a g y 15, 2001, if Councilpp After the Council meeting of Ma Conclusions o f Law for the above matter, then the Findings will need to be attached Development Agreement as Exhibit B Findings of Fact and Conclusions Oen ado t d, pleasew and ub it the After the Flnd g Granting Application for Ahs owner and develoption and s fo have signatures. Development Agreement to t \Meridian\Meridian 15360Wountain Park AZO 1-004 CUPO1-007\FFCL and DevAgt0k.doc Z;\W ori \M MERIDUN City of Meridian City Clerk's Office Shelby Ugarriza, Deputy City Clerk (208) 888-4433 ext. 210 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 To: Steve O'Brien From: Shelby Fax: Pages: 7 Date: 5/9/01 Phone: Re: Fountain Park AZ Ordinance cc: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Thank you, SteveM ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 04 05/10 11:30 PUBLIC WORKS i -7.L� AS OF MAY 10 '01 11:31 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 01'34" 007 102 OK city of Meridiain City Clerk's Office Shelby Ugamza, Deputy City Clerk (208) 888-4433 ext. 210 Fax (208) 888-421 8 33 East Idaho, Meridian, ID 83642 To: Steve O'Brien From: Shelby F= Pages: % Phone: Dalin: 5/9/01 Re: Fountain Park AZ Ordinance cc: 0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle Thank you, SteveM JULIE KLEIN FISCHER WM. F. GIORAY, III BRENT)OHNSON D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW WILLIAM F. NICHOLS* 'ALSO ADMITTED IN OR **ALSO ADMITTED IN WA WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW CHRISTOPHER S, NYE PHILIP A. PETERSON ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R, WHITE" 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 May 3, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RE SPI D CITY OF MERIDIAINT William G. Berg, Jr, Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: FOUNTAIN PARK SUBDIVISION AZ -01-004 /ANNEXATION AND ZONING ORDINANCE (R-15) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Fountain Park Subdivision. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the planned unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very truly your t' Wm. F. Nichols Z:\Work\M\Meridian\Meridian 15360M\Fountain Park AZO 1-004 CUP01-007\Clerk on Ord .doc ---- � I-�iahway strict � WHD Ada County Judy Peavey -Derr, Hresweilt Dave Bivens, 1 st Vice President Sherry R. Huber, 2nd Vice President Susan S. Eastlake, Commissioner David E. VVynKoop, UU1I ' of .., April 19, 2001 TO: David Waldron 1933 Springbrook Lane Boise, Idaho 83706 FROM: Christy Richardson, Principal Development Analyst Planning & Development 4. 37th Street J 1v ____ - Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us E,ECEIV: APR 2 3 2001 CITY OF MERIDIAN SUBJECT: 2 C6UPOt apartments -007/ 01-004 1470 Locust Grove Road The Commissioners of the Ada County Highway District on April 18, 2001 acted on your application for the ect. The attached staff report lists conditions of approval and street improvements, above referenced pro'� which are required. s, please feel free to contact me at (208) 387-6170. If you have and question Cc: Planning & Development/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi The Land Group Inc Phil Hull 128 aGoleta CA 93Idaho 83616 117 Barbara Myall 6227 Marlborough Drive MCUP-01-007/MAZ-01-004 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Rep ort 1470 Locust Grove Road 216 -unit apartment complex o ACRD by the City of Meridian for reviovaland to construct a 2The 16 - This application has bee" referred t and conditional use appy a licant is requesting a rezone from RUT to R-15, PP The 16 -acre site is located on the east ;mated toof cgene ate 1 st Grove 460 unit residential apartment complex approximately 400 -feet south of FairviewAvenue. . the development traffic study. per da 0 existing) based additional vehicle trips p y ( Roads impacted by this development'. Fairview Avenue Locust Grove Road Wilson Street ACID Commission Date — April 18, 2001 Facts and Findings: A. General Information Owner — Babara Myall Applicant — David Waldron (rural transitional) RUT- Existing R-15 — Proposed Zoning (high density) 16- Acres 216- Proposed dwelling units streets 0 -Total lineal feet of proposed 1,460- Total vehicle trips per day 266 - Traffic Analysis rice Area West Ada impact Fee Se Meridian - impact Fee Assessment District Fountain Park.cmm Page M CU P-01-0071MAZ-01-004 Fountain Park Apartments \V 0 800 0 900 1800 Feet S Fountain Park.cmm Page 2 Fairview Avenue Fairview Avenue is a principal arterial Traffic count on Fairview Avenue e/o Locust Grove Road was 31,033 on 7/6/00. LOS "D" -Existing Level of Service LOS "D" -Existing plus project build -out Level of Service 0 -feet of frontage Fairview Avenue is improved with five lanes with no curb or gutter. Locust Grove Road Locust Grove Road is a minor arterial with bike lane designation Traffic count on Locust Grove Road n/o Pine Avenue was 6,326 on 10/18/00. Better than "C" -Existing Level of Service Better than "C" -Existing plus project build -out Level of Service 350 -feet of frontage 75 -feet existing right-of-way (45 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Locust Grove Road is improved with two lanes no curb, gutter or sidewalk. Locust Grove between Franklin Road and Fairview Avenue is currently in the Five Year Work Program. Wilson Street Wilson Street is a local/commercial street No traffic count available 1,020 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) No additional right-of-way required Wilson Street is improved with a 36 -foot street section with curb, gutter and sidewalk on the north side of the street. B. On March 19, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On March 23, 2001, the staff met as the e impacts of this proposed development District's Technical Review Committee and reviewed th on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. Fountain Park.cmm Page 3 C. A traffic study was submitted for Fountain Park Apartments in Meridian, Idaho. The key Findings of the traffic study include the following: ■ Under the current application, Fountain Park Apartments is proposed to include a total of 220 units situated on a 16 -acre site. (u))piication stated 216) ■ Under the current application the proposed project is expected to generate 1,460 daily vehicle trips. This would include 136 trips during the p.m. peak hour. ■ The project will be developed in phases and is expected to be fully developed by the year 2005. ■ The site is proposed to have a primary access onto Locust Grove Road and a minor access onto Wilson Lane. ■ f Fairview Avenue and L The intersection oocust Grove Road is controlled by a traffic signal. ft -turn bays and the westbound approach includes an The four approaches all include le exclusive right -turn lane. ■ The intersection of Pine Street and Locust Grove Road is currently athree-legged intersection with Locust Grove ending at Pine Street. The Locust Grove traffic is currently controlled by a stop sign with Pine Street traffic having the right-of-way. After construction of the extension of Locust Grove to Franklin the intersection of Pine Street and Locust Grove Road will most likely be an all -way stop controlled intersection. The connection of Pine Street from Eagle Road to Locust Grove is currently in the Five Year Work Program (RD 129), and is currently projected for a FY 2003 construction. ■ The site access on Locust Grove will operate at a Level of Service (LOS) C at build out. ■ Locust Grove Road is classified as a minor arterial and is currently a two-lane paved road. Included in the current ACHD Five Year Work Program, FY 01-05, is a project that will extend Locust Grove Road from Fairview Avenue to Franklin Avenue. The current roadway extends only from Fairview Avenue to Pine Street. The project will widen the roadway to 3 -lanes and include a new railroad crossing. Preliminary engineering is budgeted for FY 2003 and construction is scheduled for FY 2005. ■ Fairview Avenue is classified as a principal arterial and is currently a five -lane roadway. In addition to the project listed for Locust Grove Road between Fairview and Franklin, ACHD will be reconstructing Locust Grove Road from Fairview Avenue to Ustick Road to a 3 -lane roadway. The north intersection at the intersection of Fairview and Locust Grove will be built to a 5 -lane standard. This project is scheduled for construction during this years work program. ■ With no improvements to the southern approach at the intersection of Locust Grove and Fairview, the intersection will operate at a LOS E at build -out. With the addition of an additional through lane the intersection will operate at a LOS D. The addition of this through lane will not be required with this application. ■ The intersection of Pine Street and Locust Grove Road currently operates at a LOS C for the Locust Grove traffic. The intersection is projected to operate at a LOS C at build -out with the all -way stop controls added. ■ The study recommends that a center left-tUrn lane be constructed on Locust Grove Road to accommodate the site traffic. Fountain Park.cnun Page 4 D. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. E. The applicant should be required to construct curb, gutter and a 5 -foot wide concrete sidewalk Wilson Street should be improved to one-half of a 40 -foot and match paving on Wilson Street. street section. F. District policy requires driveways on local streets to offset a minimum of 50 -feet from public street intersections. Driveways on Wilson Lane should be located a minimum of 50 -feet from Locust Grove Road. Pave driveways their fill] width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Wilson Lane. G. District policy requires driveways on Locust Grove to align or offset a minimum of 150 -feet from any existing or proposed driveways, and streets. The applicant is proposing to construct a driveway on Locust Grove located 265 -feet south of Wilson Lane. On February 28, 2001, the ACHD Commission reviewed and approved Locust Grove Place on the west side of Locust Grove Road, just to the south of this site. The Commission approved an entrance to that site off Locust Grove Road. This applicant has sufficient frontage and should be required to offset a minimum of 150 -feet from the approved entrance with Locust Grove Place. The applicant is proposing to construct a median in the driveway. The drive aisles on both sides of the median should be a minimum of 20 -feet wide. The driveway should be paved its full ve Road with 15 -foot radii width and at least 30 -feet beyond the edge of pavement of Locust Gro abutting the pavement edge. H. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on Locust Grove Road abutting the site. This segment of Locust Grove Road is in the Five Year Work Program for widening in 2005 with curb, gutter and sidewalk. Staff typically recommends that the applicants provide a road trust deposit for improvements when the abutting roadway is listed in the Five Year Work Program. However, due to the pedestrian usage generated by this site, and development in the area, staff recommends that the applicant construct a 5 -foot wide concrete sidewalk in lieu of providing a road trust deposit. The applicant should coordinate the design and location of the sidewalk with District staff. 1. The applicant should be required to locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. J. All utility and irrigation relocation costs associated with improving street frontages abutting the site should be borne by the developer. K. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat Should be owned and maintained by a homeowners association. Fountain Park.cmm Page 5 L. In accordance with the submitted traffic study, the applicant should be required to construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. M. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Construct a 5 -foot wide concrete sidewalk on Locust Grove Road located 2 -feet within the right-of-way. If the sidewalk meanders out of the right-of-way, the applicant shall provide an easement. 3. Construct curb, gutter and a 5 -foot wide concrete sidewalk and match paving on Wilson Street. Construct Wilson Lane *to one-half of a 40 -foot street section. 4. Driveways on Wilson Lane shall be located a minimum of 50 -feet from public street intersections. Pave driveways their frill width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Wilson Lane. Construct a driveway on Locust Grove located a minimum of 150 -feet from any existing or proposed driveways or streets. Verify that the driveway location is offset 150 -feet from the approved driveway at Locust Grove Place. The applicant is proposing to construct a median in the driveway. The drive aisles on both sides of the median shall be a minimum of 20 -feet wide. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Locust Grove Road with 15 -foot radii abutting the pavement edge. Fountain Park.cmm Page 6 A 6. Construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 8. All utility and irrigation relocation costs associated with improving street frontages abutting the site should be borne by the developer. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 10. Other than the access point specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110..00. The request for reconsideration shall. specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. Fountain Park.cnun Page 7 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff April 18, 2001 Fountain Park.enun Page 8 FROM: COMPANY: SUBJECT: t-64SAv-J-)- VAU CONTENTS: JM COMMENTS: SIGNATURE: TAL SHEET DATE: Theldaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification aX odd skip Amount: 064514 416697 PUBLIC HEARING and ending with the issue of: MARCH $104.40 Ordered by: P.O. # Rate Run Dales NT MARCH 16, 30, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO AVE. 65 MERIDIAN, ID 83642 Affidavit Legal # 1 9858 LEGAL N0710E NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning & Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Avenue Meridian, ID, at the hour of 7 p.m. April 5, 2001, for the purpose of reviewing and, considering the applications of: Eagle Concrete Pumping for a Condi- tional Use Permit in a flood plain overlay district generally located north of King St., east of 5th Ave., and west of Baltic Place; Idaho Banking Company for a rezone of 0.51 acres from R-4 to L -O ,generally located at 403 West Cherry Lane; ,; , Hillview Land Development, LLC for annexation and zoning of 28.59 acres from RUT to RS and Preliminary Plat approval of '115 building lots. and 15 other -lots on 28.59 ,acres in a proposed R=8 zone for rdale Roads =' I Waldron tisor_ annexation and zon 15 acres from RT to -R•15- and a mal :Use ;.Permit .;fdr.:proposed development Fountain ,Park, on 16 ner Pi lot improvements in a'C•G zone for Fred Meyyer Gasoline Facility - generally located 1850 East Fairview Avenue; Packard Estates Development, LLC for a Conditional Use Permit of 3 residential lots to be developed as subdivision, pool clubhouse and recreation area in an Rd zone for Packard Subdivision generally located north of East Fairview Avenue, west. of North Eagle Road on North Hickory Way. Pub Mar. 16 30, 2001 9858 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly = single consecutive daily aX odd skip insertion(s) beginning with the issue of: MARCH 16 , 2001 and ending with the issue of: MARCH 3 0 , 2001 STATE OF IDAHO ) )ss COUNTY OF ADA On this 3 0 day of MARCH in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: l $ ,,..�.,. "`el Of1, ij I D♦ p Q• � %10 • 0 A ( I I I I 0o 05 pyo -------------------------------- m z c I 1 .1"", rI FOUNTAIN PARK Y ; s a •: ^—� Meridian Idaho ��� GM) -------------------------------- m z c I 1 .1"", rI FOUNTAIN PARK Y ; s a •: ^—� Meridian Idaho ��� BA9S o£ B£AFaMO z000taW N. 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DfUMNO faE NAME: 1'100• 98-198 9Br98£kr.014C AZ 01-004 April 27, 2001 May 1, 2001 MERIDIAN CITY COUNCIL MEETING ITEM NO. 8 APPLICANT David Waldron REQUEST Public Hearing - annexation and zoning of 16 acres from RT to R-15 for proposed Fountain Park - SEC of Locust Grove and Wilson Lane p p COMMENTS AGENCY See attached P & Z Item Packet CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached "ten"` -, CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: f CITY SEWER DEPT: MERIDIAN SCHOOL L DISTRICT: MERIDIAN POST OFFICE: � r f U ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT TRICT HEALTH: r' NAMPA MERIDIAN IRRIGATION: d SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Date: 4/27/01 Phone: 424-0899 Contacted; David Waldron become property of the city of Meridian. Materials presented at public meetings shall M AY ---CITY OF RAW z_ INC Memberof ' ='THE LAND GROUP, _ ASLA Architecture te Civil Engineering nee2088939 041 Fax(208) 939S�5 Tanning LandscapeWho 83616 • Plto l 128 S. Engle Road -'Eagle, Position Statement CaseNo. AZ 01-004 Name of Applicant: David Waldron To'. Meridian City Council From: Phil Hull, The Land Group, Inc• • and Zoning , I have reviewed the Findings and Reco mm� dations of the planning Commission with which I disagree as fo findings and/or Recommendations should be s. deleted The following F ; N/A obe mold: The following ais or canals Findings and/or Recommendations shuld. dation: should read "er All irrigation ditches,ad acent and contiguous § 2 of the Recommen intersecting, crossing or laying J exclusive of natural waterways; er Cit Ordinance 12-4-13. Plans to the parcel, except the Jackson Drain, shall irbrig tion/drainage district, or lateral users Will need to be approved by the approp loyal submitted to the Public Works he Cit that the Applicant proposes to keep the Jackson - association, with written confirmation of said app' Department. It is recognized by t Y Drain open as a project amenity. •ndin s and/or Recommendations should be added: The following Fi g N/A Dated this 1St day of May, 2001. Signed: Phil Hull, The Land Group, Inc is Works ing and Zoning Department, Copy served upon Applicant, ul pl�Publ Department, and City Attorney. Received in Record: By: William G. Berg, Jr., City Cleric W141TE, PETERSON, SEVIN E. DINNS FI'SCHIIt CtIIusToeIIER S. NYE PIII7.Ie A. pEZTR$ON ERIC S. 7UI.IEKLEIN WM. F. GIGRAY. III BRENT J. JOHNSON NSSII AI'I TODD A. R IC,=M. SWwMFY D.SAM JOHNSON LARRY D. MOOROW TERRENCER.W1UTE** NICHOLAS L. WOLLFN WILLIAM MORROW WII.LIAMF. �A .' ed i- WA a,�t W"ITE PETERSON SSMAN, P.A. GIGRAY, ROSSMAN, NYE Ei �� MORROW, NAMFA OFFICE 5700 E. FRANKL 08 687 g402 200 ATTORNEYS AT LAW NASA, (ID(AH 200 BAST CA, T� B X l50 31 g ('208) 664405 Mgg1DJPOSAN, IDAHO 83680.1150 PLEASE REPLY TO NfEalAN O; CE To: Staff Applicant Owner(s) s ffected Property' 'M (20S)288-2499 eL1G coM FAX (208) 288*2501 E-MAIL• 0'% w,.'= J Y, April 17, 2001 „ ; Cit city C ork Oaf �_ _---1'��9 Re: Application Case No. N1NG AND ZONING AND RECOMMECOM.MI SION OF PLAN FINDINGS Owners) : and Staff, Applicant and/or Affected Property on the above 1 at the public hearing e of matters these Findings. and Recommendati°r1S °f the Planning Please note that thCOW ue to the volumeis Zoning Commission shah be presented to the our position is understood and hearings matter b the Planning and Z Zoning g Ad sureyinistrator• Dented at the p it referenced mat Council must ent f format by which matters are px which the City portant to have a c 1 sis before the City ends: and The City Council strongly recommends' review the Findings to carefully Commission, and be That you take time and Zoning addressing the 1, hcation by Commission; Recommendations of the tion Iog this app and Zoning pxepargda d state Yo raNations of the Planning PFinddiinn and the Position complete (be sure it is le lec-ommendatiOus That oil carefully Frith the F1ndrn.gs and Osition Statement 2, y you disa The P gree Statement if y and Zoee. Commission. Clexl� s office. of the Planning lid OU is available at the City form for this app e possible, lease present your, Position be Statement and deliver It ° it recommended that you prepare a Position S as res. The copr I possible. if that is not Ph ei ht () P Clerk riot to the hearing; along g. Public W Oxlcs and the Sta ementpto the City Cour1.c11 at the hearing Council, Planning and Zoning Administsatox, e Ma or, ou , it is strongly rec ine zea n tive for the Position resented to th If ou are a part of a chpcan be signed by thep ity Attobe filled out for the group, w StatementVery truly yours, City Attorney's Of ce ty/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR O ANNEXATION AND ZONING Ag� FOR PROPOSED FOUNTAIN PARK BY DAVID WALDRON j Case No. AZ -01-004 RECOMMENDATION TO CITY COUNCIL I . The property is approximately 16 acres in size and is located at the southeast corner of Locust Grove and Wilson Lane. The property is designated as Fountain Park. The owner of record of the subject property is Barbara Myall, of Goleta, 2. California. 3. 4. vacant land. 5. W Applicant is David Waldron, of Boise, Idaho. The property is presently zoned by Ada County as R T, and consists of The Applicant requests the property be zoned as R-15. The subject property is bordered by CG, RUT and R-40 zoning and city l limits of the City of Meridian are adjacent and abut to the north of the subject property. The property which is the subject of this application is within the Area 7. of Impact of the City of Meridian. RECOMMENDATION TO C FOUNTAINCCIL-PARK -DAVID WALDRON ANNEXATION AND ZONING e arcel of the property is included within the Meridian Urban g The enti� p Area as defined in the Meridian Comprehensive Plan. Service Plannin g licant roposes to develop the subject property in the following g, The App p manner: 216 unit apartment comply• Applicant requests zoning of the subject real property as R-15 1p, The App which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use. nic features o£ major importance that 11. There are no significant or sce affect the consideration of this application. RECOMMENDATION 1, The Meridian Planning and Zoning Commission hereby recommends to the Cit of Meridian that they approve the requested annexation the City Council of Y s requested by the Applicant for the property described in the and zoning a q application, subject to the following: Recommendations o£ the Planning and Zoning and Engineering Adopt the Staff as follows: all be required to enter into a Development tAAgr e m n with 1 ,Applicant shall 9 the City as a condition of annexatio s �fic'lands ape/common area should address, among other things, p reqphasing timeframes, any requxrbuildindgheight e Commiss rq ion or s signage, pathways, and other items a Council. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, RECOMMENDATION TO CITY FOUNTAIN PARK - DAV1D WALDRON ANNEXATION AND ZONING he arcel shall ctin crossing or lying adjacent and contiguous to e approvedp by intersecting, will need be tiled per City Ordinance 12-4-13'Por laterl users association, the appropriate irrigation/drainage district, to the- Public with written confirmation of said approval submitted the Applicant Works Department. It isrecognized by the City Drain pen as a project amenity. proposes to keep the Jackson existing domestic wells and/or septic systems within this Ordinance ancet will 3. Any exi g have to be removed from their rimae brnon-d domestic purposes Section 9-1-4 and 9-4-8. Wells may used fo such as landscape irrigation. ndred-fift - and 100 -watt, high-pressure sodiumcsst eeai men tlights Will 4. Two hu YDepartment- be p be required at locations designated by stalled at a fide public ns • Typical All streetlights shall b Intersections and/or fire hydrants.' locations are at street Outside lighting shall be designed and placed so as accordance t to direct 5. illumination with City illumination on any nearby 1aX 3Y4.C� and al 12-5-2-M, as l2-5 2.M. Ordinance Sections 1 6, O£ £ street P arking shall be provided in accordance with the City of Meridian Ordinance I 1-13 for use of property. architect '7. A drainage plan designed by a State of Idaho o the City Engineer engineer is required and shall be submitted 7 10-1-91) for all off-street parking areas. All site drainage shall (Ord. 55 , be contained and disposed of on-site. 1 si na e in the proposed project shall be in accofrMeridiannce with Zoning and 8. Al g g 14 f the rth in SectiNno tem otary sign ty standards set foage, flags, banners or Development Ordinance. p flashing signs will be permitted. 9. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.IC 10. All construction shall conform to the requirements of the Americans with Disabilities Act. RECOMMENDATION TO C TFOUNTAIN PARK -DAVID WAL,DRON ANNEXATION AND ZONING 11. Underground year-round pressurized irrigation kdesign provided to based all landscape areas on site. Please submit hoo up and on the proposed landscaping. Due to thesizeze landscaped be allowed. primary water supply connection to the C y ma Applicant shall be required to utilize any existingsurface secondary sourcents for the entire , for the primary source. If City water 1s proposed as o developer shall be responsible to pay water assessme common open area. Z,\Work\Iv \MeAdi,1\Meridian 15360M\Rec01runendati0ns\AZ0104Fountav1Park.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - FOUNTAIN PARD - DAVID WALDRON April 2, 2001 MERIDIAN PLANNING & ZONING MEETING AZ O 1-004 April 5, 2001 ITEM NO. 8 APPLICANT DaVid Waldron proposed Fountain Park -- REQUEST Annexation and zoning of 16 acres from RT to R-15 for prop southeast corner of Locust Grove and Wilson Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS N See CUP for comments mED will not have a problem with this Annexation No comments No comments See attached comments No comments See attached comments C C 6UO-f OTHER: Phone: C� Date: y Z4 p H 1 Contacted: Materials presented at public meetings shall become property at the city of Meridian. March 14, 2001 Will Berg, City Clerk City of Meridian 33 East Idaho M idinn ID 83642 RECEIVED MAR 19 2001 CITY OF MERIDIANT e e 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 er , oning from RT to R-15 for proposed Re: AZ 01-004 Annexation and Z Fountain Park Dear Commissioners: Use Chang . ie/Site The Nampa & Meridian Irrigation District prior toquires final platthat a ing. Contact Donna Development application n bth filed formatiolnw prior t p Moore at 466-7861 f late' and waste ways must be protected. All municipal he site, the Nampa & All surface drainage leaves must be retained on site. If anyper must Meridian Irrigation District must review dpded thathirrrigationowater be comply with Idaho Code 31-3805. It Is recomme made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File — Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 16 March 2001 Phil Hull The Land Group, Inc. 128 S. Eagle Road Eagle, ID 83616 E CN, ED MAR 19 2001 CITY OF MERIDIAI-T OA 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Land Use Change Application — Fountain Park Apartments Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Dear Mr. Hull: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is order under a "rush" to be finalized, es in oder to speed the procethat you st a s up. cashier's yosubmit a company or cash as payment othe fe personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Asst, Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Meridian City — Will Berg David Waldron, 1933 Springbrook Lane, Boise, ID 83706 Barbara Myall, 6227 Marlborough Dr., Goleta, CA 93117 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 sent By: ; 208 888 6854; To: City Clerk At: 8884?18 nar itU 01 03:12p a land group inc Gz:r Apr -2.01 11:17AM; 2t 1394445 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Page 1 RECEIVED APR 0 2 2001 City of Meridian City Clerk Office Preliminary Plat — Fountain Park 1470 Locust Grove Road 216 -unit Apartment complex MCUP-01 X007 MAZ-01-004 The application has been referred to ACHD by the City of Meridian for review and comment. This is a 216 -unit residential apartment complex on 16 -acres. The 16 -acre site is located on the east side of Locust Grove Road approximately 400 -feet south of Fairview Avenue. This development is estimated to generate 1,432 additionalvehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. Roads impacted by this development: Fairview Avenue Locust Grove Road Wilson Street ACRD Commission Date — pending completion of traffic study Facts and Findings: A. General Information 266 - Traffic Aiialysis Zone JAZ) West Ada - impact Fee Service Area r Meridian - Impact Fee Assessment District ev rountain Park-xnim P:,ge 1 p.2 Owner — Babara Myall Applicant — David Waldron RUT- Existing zoning R-15 — Proposed Zoning 16- Acres ' 1- Proposed building lots 127,971 -Square feet of proposed building 0 - Total lineal feet of proposed public streets 1,432- Total vehicle trips per day 266 - Traffic Aiialysis Zone JAZ) West Ada - impact Fee Service Area r Meridian - Impact Fee Assessment District ev rountain Park-xnim P:,ge 1 p.2 sent By: ; nar 40 U1 UJ: 13P 208 888 6854; Apr -2-01 11417AM; t' -e land CrtluP inc 2G^9394445 MCU 0.01.007/MAZ-01-004 Fountain Park Apartments Page 2 p.3 w E 900 0 900 1800 Feet iz sent sY: ,•,ar• c ut Ua: 11p 208 888 6854; tp,�q land group ina Apr -2-01 11:17AM; Page 3 2V -939444S p.4 r Fairview Avenue Fairview Avenue is a principal atlerial with bike route lane pathway designation Traffic count on Fairview Avenue e/o Locust Grove Road was 31,033 on 7/6/00. LOS "D" -Existing Level of Service LOS "D" -Existing plus project build -out Level of Service 0 -feet of frontage 120 -feet existing right-of-way (40 -feet from centerline) 120 -feet required right-of-way (60 -feet from centerline) Fairview Avenue is improved with five lanes with no curb or gutter. Locust Grove Road Locust Grove Road is a minor arterial Traffic count on Locust Grove Road n/o Pine Avenue was 6,326 on 10/18/00. Q Better than "C" -Existing Level of Service Better than "C" -Existing plus project build -out Level of Service 350 -feet of frontage 75 -feat existing right-of-way (45 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Locust Grove Road is itiaproved with two lanes no curb, gutter or sidewalk. Locust Grove betwean Franklin Road and Fairview Avenue is currently in the Five Year Work Program. A Wilson Street Wilson Street is a local street Traffic count on Wilson Street was not available 1,020 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) 58 -feet required right-of:way (29 -feet from centerline) Wilson Street is improved with a 36 -foot street section with curb, gutter and sidewalk on the noiih side of the street. B. On March 19, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On March 23, 2001, the staff' -n etas the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site; Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. row,tain r'ark.unm Page 2 16 sent By: ; tear, cm U1 UJ: 15p 208 888 6854; r , v 1 and group inc Apr -2-01 11:18AM; Page 4/8 2'r--9394445 P.5 D. The applicant should be required to locate any proposed gated entry a minimum of 504eet front a public road. Coordinate the location of any proposed gated entry with District staff. Cc E. The applicant should be required to construct curb, gutter and a 5 -foot wide concrete sidewalk and match paving on Wilson Street. Wilson Street should be improved to one-half of a 40 -foot street section. F. District policy requires driveways on local streets to offset a minimum of 50 -feet from public street intersections. Driveways on Wilson Lane should be located a minimum of 50 -feet frons Locust Grove Road. Pave driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Wilson Lane. G. District policy requires driveways on Locust Grove to align or offset a mitlimum of 150 -feet from any existing or proposed driveways, and streets. The applicant is proposing to construct a driveway on Locust Grove located 265 -feet south of Wilson Lane. On February 28, 2001, the ACHD Commission reviewed and approved Locust Grove Place on the west side of Locust Grove Road, just to the south of this site. The Commission approved an entrance to that site off Locust Grove Road. This applicant has sufficient frontage and should be required to offset a minimum of 150 -feet from the approved entrance with Locust &-ove Place. The applicant is proposing to construct a median in the driveway. The drive aisles on both sides of the median should be a minimum of 20 -feet wide. The driveway should be paved its full width and at least 30 -feet beyond the edge of pavement of Locust Grove Road with 15 -foot radii Q abutting the pavement edge. H. All utility and irrigation relocation costs associated with improving street frontages abutting the site should be borne by the developer. I. District policy requires the applicant to construct a 5 -Foot wide concrete sidewalk oil Locust Grove Road abutting the site. This segment of Locust Grove Road is in the Five Year Work Program for widmiing in 2005 with curb, gutter and sidewalk. Staff typically recommends that the applicants provide a road trust deposit for improvements when the abutting roadway is listed in the Five Year Work Program. However, due to the pedestrian usage generated by this site, and development in the area, staff recommends that the applicant construct a 54001 wide concrete sidewalk in lieu of providing a road trust deposit. The applicant should coordinate. the design and location of the sidewalk with District staff. 3, Any proposed landscape islandsh-nedians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be requited on the final plat. U. Fountiin P'1rk cum, 1),)VC t ,i. Sent t3y: ; 208 888 6854; Apr -2-01 11:18AM; Page 5/8 riar-cts ut U;11 1t3p `''e lend gt`oup ire: 2 3394445 p. 6 K.. In accordance with the submitted traffic study, the applicant should be required to construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. L. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report, The following Site Specific Requirements and Standard Requirements must be met or provided for prior to AC:HD approval of the final plat: Site Specific Requirements: Q 1. Dedicate: 48 -feet of right-of-way frown the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way, 2. Construct a 5 -foot wide concrete sidewalk on Locust Grove Road located 2 -feet within the right-of-way. If the sidewalk meanders out of the right-of-way, (lie applicant shall provide an q easement. 3. Construct curb, gutter and a 5 -foot wide concrete sidewalk and match paving on Wilson Street, Construct Wilson Lane to one-half of a 40 -foot street section. 4. Driveways on Wilson Line shall be located a minimum of 50 -feet from public street intersections. Pave driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Wilson Lane. Construct a driveway on Locust Grove located a minimum of 150 -feet from any existing or proposed driveways or streets. Verify that the driveway location is offset 150 -feet frons the Q approved driveway at Locust Grove Place, The applicant is proposing to construct a median in the driveway, The drive aisles on both sides of the median shall be a minimum of 20 -feet wide, Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Locust Grove Road with 15 -foot radii abutting the pavement edge. Construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers .for both the approach and departure directions. Coordinate the design of the turn lane with District staff. I�uunrain Pnrk.cmm Nge rl t --- — APP 417 'tat 17)*�)A Apr -2-01 11:18AM; Page 6/8 208 888 6854; P � Sent By ; �•� hand stoup inc 2x"9394445 P - ricer co ua ust t -!p �Q 7, Other than the access point specifically approved with this application, direct lot or parcel r access to Locust Grove Road is prohibited. Loi access restrictions, as required with this japplication, shall be stated on the final plat. Standard Requirements: I . A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The re nest shall specifically WDitify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or incquit�The written r _ request shall be submitted to the District no later than 9:00 a;tlt. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to:.the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall �+ specifically identify each cectuirement to be reconsidered and include written documentation of data that was not available to the Commission at rhe time of its original decision. The request l� for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact LFee Ordinance. 4111 r 4. All design and constrackn shall be in accordance with the Ada County 1 Iighway District Policy Manual, ISPWC:Standards and approved supplements, Constnlction Services procedures and all applicable ACHD Ordinances unless sper+ifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. S. The applicant shall submit revised plans for staff approval, prior to issuance of building hermit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility ofthc applicant to verify all existing utilities within the right-of-way. Exisling utilities damaged by the applicant shall be repaired by the applicant at no cost to Fountain Ptirk.rnrurn �n ?AA AAA AASd pore me APR 02 101 12:29 Sent 8y: ; 208 888 6854; Apr -2-01 11:19AM; Page 7/8 Plar, 28 01 03. -lop ' '`pie l and Croup ind 2� 9394445 P-8 • .F ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least tNvo full business days prior to breaking y p g ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387.6190 in the event any ACI ID conduits (spare of filled) are compromised daring any phase of construction. w Fit Q Fountain Park•cnnn Pope 6 ••�`?AR RRR GR�� onr_c �� APR 02 '01 12:28 Sent By: ;208 888 6854; Apr -2-01 11:19AM; Page 8/8 nAFr, ?b UI 03Z 18p `p land group ino 2r 9394445 P.9 . k 8. No change in the terns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District, The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall reg0ire the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planted use of the subject property unless a waiver/variance of said requirements or other legal relief is �I g granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACRD requirements are urtended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action; Planningand Development Staff Founloin Pirk,unim Pupc 7 41 'DMP ppo cagA onrc no APR 02 '01 12:28 03/28/2001 06:43 2088885052 SANITARY SERVICE FAX COVER SHEET Sanitary Service Company P.O. BOX 626 Meridian, ID, 83680 Phone: (208)888-3999 Fax. (208)888-5052 TO: XLJ&6'Jz FROM: COMPANY: PAGES SENT: FAX NUMBER: DATE: .3 -gZ-J1 Comments: _zq PAGE 01 RECEIVED MAR 2 8 2001 Clrfl� OF MEltlj'-)IAN MAR 28 '01 0659 208e885052 PRGE.01 sent By: ; MAYOR Rdaac l.1 Cts Cr1Y C.'UINaL MEMBM Iton Arit%.r/nn Keith Bird . atiauy &Wecnd Chcdc NkC311d6s 208 888 6854; Apr -2-01 utvu yr �tav:r►.rva�c. r�+•��•-i a A Good. Pow to live CITYCjju MEMORANDUM: 33 EAST IDAHO MM-01AN, IDAHO 83642 (0) 886.4433 - FAX (208) WILQ13 Qty Gads 0&r Fax ON" 8884218 To: Planning & Zoning CommissiowMayor and City Council From Bruce Freckleton, Assistant to City Engineer Brad Hawkins -Clark, Planner 2:45PM; Page 2/5 April 2, 2001 RECEIVED APR 0 2 2001 City of Meridian City Clerk Office Re: Fountain Parte by David Waldron • Annexation & Zoning of 16.0 Acres from RUT to R-15 (A7,-01-004) • Conditional Use Permit for a Planned Development and 216 -Unit Apartment Complex (CUP -01-007) We have reviewed this submidw and offer thefollowing comments, as conditions of the applicant. These conditions shall be considered in full, unless eTremly modified or deleted by motion of the Meridian City Council.- APPLICATIONS ouncil. APPLICATIONS SUMMARY Two separate applications arebovered in this report. The Annexation & Zoning application proposes to annex an existing parcel within Pleasant Valley Subdivision to an R-15 zone. The property is a single tax parcel but technically three (3) lots in the platted subdivision that were combined into one (1) parcel. The CUP application proposes to develop a 216 -unit apartment complex, consisting of fourteen (14) multi -unit, two-story buildings;(two different building types). The Planned Development (PD) proposes a gross density of 13.43 dweftg units per acre. The PD proposes a clubhouse, pool, multi -use pathway and interactive water feature as community amenities. A CJP/PD application is also required for the project since it lies within the Mixed Use area of the Comprehensive flan (Policy 5.16U). ACHD is requiring Applicant to dedicate 48 -feet of right-of-way on Locust Grove (sufficient for a 5-1ane arterial) and to construct a 100 -foot center turn lane on Locust Grove. LOCATION The subject property is located:along the east side of Locust Grove Road and south side of Wilson Lane, approximately 450 feet south of Fairview Avenue. The property is located in an area designated as Mixed Planned Use Development in the Comprehensive Plan. Settlers Canal and Flume Canal (Jackson Drain) run along the south side of the property. SURROUNDING PROPERTIES North Eddy's Bakery and'D&R Supply are directly north of Wilson Lane, zoned C -G. Future commercial uses are planned lbr the lots east of the bakery, also north of Wilson. South – Two single family residential parcels abut the south side ofthe Jackson Drain, both zoned RUT. West – Wrecking yard, zoned C-2 in Ada County, and the proposed Locust Grove Place Apartments, zoned R-40. AZ -01-004 Fountain Nark ApW,AZ,CTJRdm' CUP -01-007 Sent by: ; Mayor, Council and P&Z April 2, 2001 Page 2 208 888 6854; Apr -2-01 2:45PM; Page 3/5 East, - A 6 -acre, undeveloped parcel, zoned RUT in Ada County, owned by the Tuckrness family abuts the full east boundary. The recently approved Elliott industrial Park/Butte Fence project is east of the Tuckness parcel. CURRENT OWNER OF RMORD The Wall Trust, represented by Ms. Barbara Myall, is the current property owner and has submitted notarized consent for the applications. ANNEXATION & ZONINIg COMMENTS 1. The legal description submitted for annexation appears to meet the requirements of the Idaho State Tax Commissiongand the City of Meridian. Approved copies of the legal descriptions have been sent to the City Attorney's Office for their use in the preparation of an ordinance. 2. The requested R-15 none is an allowable zone under the Comprehensive Plan designation of Mixed/Planned Use. Staff supports the request to annex this parcel. 3. The subject property is within the Urban Service Planning Area. Essential City services are available to the subject property. 4. Staff believes the requested zoning amendment meets the required findings o f Ordinance 11 -15- 11.A—L. ANNEXATION REQUIREMENTS 1. Applicant shall be regt&ed to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement should address, among other things, specific landscape/common area requirements, phasing timeframes, any building height limitations, signage, pathways, and other items as required by the Commission or Council. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. It is recognized by the City that the Applicant proposes to keep the Jackson Drain open as a project amenity. 3. Any existing domestic'wells and/or septa; systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Fountain Park AptsA7.,CUP.doc AZA 1.004 CUP -01-007 s Mayor, Council and P&Z April 2, 2001 Page 3 cuo too btl54; Apr -2-01 2:46PM; Page 4/5 4. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections I 1-13-4.C. and 12-5-2.M. 6. Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 8. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, &%s, banners or flashing sips will be permitted. 9. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. It. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Annexation Recommendation Stafrrecommends approval of the annexation with the conditions noted above. CONDITIONAL USE SITE SPECIFIC RF,OUIREMF,NTS As is common in a Planned Development, exceptions can be made by the City to district regulations when they are desirable to achieve the objectives of the proposed PD. "Ord. Section 12-6-5 MODIFICATION OF DISTRICT REGULATIONS A7A1-004 Foumain Part Apa.A7XUP.d00 CMI -C-007 APR 02 '01 1S:�S ago 000 0004; Apl-e-vi e:4bF'M; Page 5/5 Mayor, Council and P&Z April 2, 2001 Page 4 A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts hi which said PD is located. The approval of the Final Development Plan 1br a PD may provide for such exceptions from; the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section." Specific variances/exceptions that would need to be approved to grant this CUP/PD as proposed would include: a Provision of RYBoat Storage (Ord. 12-6.8.A.1) b Provision of Maintenance Building (Ord. 12-6-8.A.3) c Tiling of Jackson Drain (Ord. 12-4-13.A.) Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Dis4bilities Act (ADA) and the Fair Housing Act (FHA). For example, when covered parking and garages are provided, at least one (1) of each type must be handicap - accessible (see Fair Rousing Act Design Manual 2.23). It does not appear this requirement is currently being met onthe proposed plan. By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards, 2. Sanitary sewer service to this site is proposed via, extensions from an existing main in Wilson Lane. Applicant will W responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3. Water service to this site will be via extensions from existing mains in Wilson Lane, and Locust Grove. Applicant will be responsible to construct the water maim to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 4. Assessments for sewer: and water service are determined during the building permit application process. This developftient shall be subject to applicable Latecomers fees, currently $533.00 per equivalent residential unit. 5. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please subunit hook-up and design details based on the proposed landscaping. Due to the sbe AZ -0I -M Pounlain Puck ApU.AZ,CUP,dm CUP -01-07 APR M7 FrAl 4q!=c To: City Clerk At: 8884218 -Vv --- --- 200 E. Carlton Ave., Ste. 201 Meidlein, ID 83642 Phom (208)884=5633 Feat: (208)8884654 -PI 'G'VI c.,+jrM) To: - David Waldron Frart: Sonya Day CC: Phil Hull, City Clerk Fmc 345.4879 / 9394445 Datec I-01 Kamm Pao" 5 (Induding cover) Re., Fountain Park sW cammeft CC: 0 Urgent 0 For Revlow ❑ Pleme ConuneM 0 Rome Roply ❑ Please Recycle •Ccmmm is API? A7 I rAl 4 CZ • Crn rage 1/b Sent By: ; 208 888 6854; Apr -2-01 3:14PM; Page 2/6 Mayor, Council and P&Z April 2, 2001 Page 5 of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. The Utility Plan (Sheet C-3) shows a ten -foot wide easement for the Settlers Canal in its new, relocated position. This easement is not shown on the Site Master Plan. Assuming this easement is in its correct location, all buildings and parking areas are located outside the easement, so no license agreements should be necessary, However, if the irrigation district requires a License Agreement for the pathway or the parking areas that border the easement, such agreements must be presented with the Certificate of 7A)ning Compliance application. 7. Nineteen (19) separate stormwater swales are shown on the Grading Concept Plan (Sheet C-1). Any of these swales that are included in the minimum 10% open space requirement must be designed with slopes no greater than 4:1 and grass so that any standing water is drained within 24 hours of the completion of a storm event. All stormwater facilities should be designed in accordance with Section 11 of the Landscape Ordinance. 8. The Site Master Plan (Sheet MP -1) proposes an interactive water feature within the central commons area. No details were provided on the design, depth and water source for this feature. The Applicant should be prepared to address these three (3) issuesat the P&7 Connrnission public hearing. lf possible, Staff recommends either filtered irrigation water or recycled domestic water be utilized to conserve t`ity water. In addition, all appropriate safety mechanisms must be installed to prevent any child hazards. 9. The pool area mint be fenced with a minimum 4 -toot high fence to restrict access into the pool area by unattended children. 10. The Landscape Plan meets ordinance and is recommended for approval as proposed. No existing trees were called -out on the plan. if there are existing trees on the site four (4) inch caliper or greater, they must be preserved or mitigated for in accordance with the Landscape Ordinance, 11. The applicant is responsible to ensure no utility easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the addition mentioned above. A few trees adjacent to the pathway appear to be within the Settlers Canal easement. The Applicant must ensure these trees are planted outside the easement or enter into a License Agreement with the irrigation company. 12. No pedestrian or bicycle connection is available to Wilson Lane except via the driveway, which is more than 600 feet eat of Locust Grove. Since most of the site pedestrian traffic is anticipated AZ -0I -W4 Fountain Park Aprs.A7..GURJ« 1. [ 1P-01 4l()7 Apr -z -o1 3:14PM; Page 3/6 Mayor, Council and P&Z April 2, 2001 Page 6 to travel north to the Hollywood Video, Walgreens, Fred Meyer and other commercial uses on Fairview Avenue, Staff recommends a minimum 10 -foot wide pedestrian/bicycle access path be provided through the Wilson Lane landscape berm to connect with the Wilson Lane sidewalk. Staff leaves the exact location of the path up to the Applicant, but a logical option would be to extend the sidewalk on the east side of Building A-1 that serves the row of six (6) parking stalls to the north. 13. No elevations of the darports were provided with the application. The carport construction materials and colors should compliment the garage and building materials. 14. Ordinance 11-13-4.G allows compact parking stalls "upon petition" to the City. The Site Master Plan shows 27 spaces, or 5.2% of the total number of stalls. These compact stalls are dispersed in four (4) sets throughout the site. Staff rec omnends approval of the stalls, with the exception of the row of ten (10) stalls along the south property kine. We recommend this row of stalls be broken -up to provide better access by residents of Building A-13. 15. Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one (1) adequate space shall be provided every two (2) living units. This may be reduced by (city action if there is a showing that the needs of a particular development are less. Staff recognizes that, due to the close proximity of Avest Mini Storage just north on Locust Grove Road, this requirement could be waived. 16. One (1) additional parking space beyond that which is required by the Zoning Ordinance —nM -1 be required for every three (3) dwelling units to accommodate visitor parking (Ordinance 12-6-8-A- 2). The proposed complex is providing 72 stalls to accommodate the visitors, which meets this- ordinance. hisordinance. 17. Staff recommends app;toval of the font and side elevations for the 16-plex buildings, clubhouse .elevations, and garage elevations as submitted. However, no rear building elevations of the 16- plex apartments were provided nor any elevations of the 8-plex buildings. If possible, Applicant should provide these elevations for review by the Commission at the public hearing. 'rhe Commission could also simply require these elevations be designed with similar features as the elevations shown (i.e. decks, same percentage of window treatment, etc.). 18. Per Ordinance 12-6-7.1E;.5, proposals for Planned Unit Developments must include a minimum of ten percent (10%) common area. Common open space shall mean land area exclusive of street rights-of-way, buildixigs, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. The pool and clubhouse may count toward the required 10% amount. No calculations for open space were submitted with the application. The Site Master Plan (Sheet6 MP -1) shows a A7A1-004 Fountain Park ApmAZX1JP x, CUP -01.007 nPP M7 )MI ICIn t cvU UUo UO:34j Apf'-e--UI d:15h'M; Page 4/6 Mayor, Council and P&Z April 2, 2001 Page 7 landscaped area calculation of 55.81%, but it appears this calculation includes the required Locust Grove and Willson street buffers and the Jackson Drain, which are not allowable open space amenities. The Applicant should present the open space calculations to the Commission at the hearing, using only those areas that are allowable common open space as defined in the Landscape Ordinance, 'Section 2. 19. Six -foot -high, permanent fencing shall be required along the full eastern boundary of the subject parcel. Applicant should clarify the type of fencing and any other locations of proposed fencing at the P&Z Commission public hearing. Applicant must submit detailed fencing plans for review and approval with submittal of the Certificate of Zoning Compliance application. All required fencing is to be in place prior to issuance of building permits. 20. One (1) project sign is proposed at the main complex entrance on S. Locust Grove Road (see Landscape Plan). No project signage is proposed at the Wilson Lane entrance. No details of the main entry sign were submitted. In the R-15 zone, the maximum background area allowed is 32 sq. ft. and the maximum height is six feet (6').17he entry signage for the subdivision must be placed outside of a 10" X 20' clear sight triangle, measured from the projected intersection of Locust Grove Road and the entry drive; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. 21. No construction phasing plans were submitted with the application If the Applicant intends to phase the building construction of the project, this should be stated at the public hearing and addressed as part of the Development Agreement. CONDITIONAL USE GENERAL REQUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance (11-13-4) and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinanl;c: (11-13-4 and 11-13-5) and in accordance with Americans with Disabilities Act (ADA) requirements. 3, A drainage plan designed by a State of Idaho licensed architect or engineer its required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-5;ite. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance 11-13-4.C. A7.01-004 Fountain ParkApt&AG.CU1'.dw C:I1P4)14)07 APR 02 '01 16:24 uC„L. „y, P GUd ddd bd54; Apr -2-01 3:15PM; Page 5/6 Mayor, Council and P&Z April 2, 2001 Page 8 S. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 7. A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. The site plan does not currently have such a building. Applicant must make their case to the Commission and Council to have this requirement removed, as allowable under the PD application process. 8. In accordance with Ordinance 11-12-1.C., trash collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height, Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. CUP Recommendation Staff recommends approval of the CUP application, with the conditions noted above. COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Mixed Planned Use Development in the Meridian (,omprehencive Plan. The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The f ollowing sections most directly apply to the proposed project and are repeated here fur the Council and Commission's consideration during the hearing process. Land Use Chapter IAU — Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. I. SU — Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2. 1 — Support a variety of residential categories (urban, rural, single-family, multi family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing 6pportu nities. 2.211— Support strategies for the development of neighborhood parks within all residential areas. 2.3U _ Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 6.8U New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening. and transitional densities with larger, more comparable lot sizes to buffer AZ -01-004 CUP -01-007 >4, APR A7 iM1 1c•'7c FuuntHin Purk AptxAZ.CUP.dw �y CUb dbd OdD4; Apr -2-01 3:16PM; Page 6/6 Mayor, Council and P&.Z April 2, 2001 Page 9 the interface between the urban level densities and rural residential densities. Natural Rogurces and Hazardous Areas 1.1 U — identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 2.1 U — Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U — Manage and prevent unsuitable uses along drainageways and protect the flood plains of creeks and drains. Transportation 1 AU — Monitor and coordinate the compatibility of the land use and transportation system. 1.2017 — Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 02en Space Parks and Recreation 2.51J — New subdivision development... will be considered as opportunities to ... Encourage the development of recreational open spaces and parks as part of new planned developments. Hou ' 1.1 - ...provide for a wide diversity of housing types ... in a variety of locations suitable for residential development. 1.4 —The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.6 — Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 High-density development, where possible, should be located near open space wn idors or other permanent major open space and park facilities, and near major access thoroughfares. Cgmmia ty Design Chapter 5.2 — Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.1117 — Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. AZ -01. M CUP -01-007 Fmota.in Park Apts. .C:UP.doc APR 02 '01 16:25 208 888 6854 Pony M9 16 March 2001 Phil Hull The Land Group, Inc. 128 S. Eagle Road Eagle, ID 83616 EC `v D _.. MAR 19 2001 CITY I AIN 4, F 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Land Use Change Application —Fountain Park Subdivision Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Dear Mr. Hull: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this develop money order nt is under a "rush" to be finalized, the fees in oorder to mmens peed the procethat you lt a ss up. cashier's you submia company or cash as paymentnto personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. if you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, kw.a -�oto _. 5/�) Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Meridian City — Will Berg David Waldron, 1933 Springbrook Lane, Boise, ID 83706 Barbara Myall, 6227 Marlborough Dr., Goleta, CA 93117 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 March 14, 2001 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RECEIVED MAR 19 2001 CITY OF MERIDIAN mnamw 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: Cup 01-007 Conditional Use Permit for proposed Fountain Park Apartments Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1, PUBLIC HEART SIG SIGN-UP SHEET DATE _ Afyi C0I - PROJECT NUMBER A --Z- 0 (...-0 0 4 - PROJECT NAME Vn i A V)+7A ;I (', f-) 'A V -b . PUBLIC HEARING SIGN-UP SHEET DATEYi PROJECT NUMBER A O l -'n o 4 -- PROJECT NAME l) par+--, NAME FOR AGAINST c (T r March 28, 2001 0 Landscape Architecture ® Civil Engineering ® Environmental & Site Planning 128 S. Eagle Road - Eagle, Idaho 83616 ® Phone (208) 939-4041 - Fax (208) 939-4445 Planning and Zoning Department City of Meridian 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Re: Property Posting Notification — Proposed Fountain Park Dear Staff: RECEIVEED APS i City of Meridiaxi City Clerk Office This letter shall serve to advise you that the above property was posted for public meeting notification on March 28, 2001. Sincerely, Phil Hull, Principal The Land Group, Inc. SUBSCRIBED AND SWORN to before me the day and year first above written. NotarydPublic for Idaho Residing at: Eagle, ID Commission Expires: 10/15/2002 V a... 2 MCUP-01-007/MAZ-01-004 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report 1470 Locust Grove Road APR 12 2001 -,rT , a 216 -unit apartment complex This application has been referred to ACRD by the City of Meridian t use appiew roval rovallto constrict a 2176 - applicant is requesting a rezone from RUT to R-1 i and coated PP unit residential apartment complex. The 16 -acre site is located onthe is estiast mated at d to generate 1,460e of Locust Grove d approximately 400 -feet south of Fairview Avenue. This developn additional vehicle trips per day (0 existing) based on the submitted traffic study. Roads impacted by this development: Lorview cust AveRoad nue Wilson Street ACHD Commission Date — April 18, 2001 Facts and Findings: A. General Information Owner — Babara Myall Applicant — David Waldron RUT- Existing zoning (rural transitional) R-15 —Proposed Zoning (high density) 16- Acres 216- Proposed dwelling units 0 - Total lineal feet of proposed public streets 1,460- Total vehicle trips per day 266 - Traffic Analysis Zone JAZ) West Ada - Lmpact Fee Service Area Meridian - Impact Fee Assessment District f=ountain Park.cmm PauC 1 M CU P - ol .007/MAZ-0 1 -004 A.nrfmpnts 900 0 900 --------- I - 8 1 00 Feet N s Fouill"lill Nl.k. Cllllll El y uy yrpp�: N o4w UVIPPON Tadd NIVINnoi pp.00 sw C V 101 tl �N� — Z �11 I i I I Be •olg (� �� W I I t, Fairview Avenue Fairview Avenue is a principal arterial `i Traffic count on Fairview Avenue e/o Locust Grove Road was 31,033 on 7/6/00. LOS "D" -Existing Level of Service 1 LOS "D" -Existing plus project build -out Level of Service 0 -feet of frontage Fairview Avenue is improved with five lanes with no curb or gutter. Locust Grove Road Locust Grove Road is a minor arterial with bike lane designation �' Traffic count on Locust Grove Road ii/o Pine Avenue was 6,326 on 10/18/00. • Better than "C" -Existing Level of Service Better than "C" -Existing plus project build -out Level of Service {'.. 350 -feet of frontage 75 -feet existing right-of-way (45 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Locust Grove Road is improved with two lanes no curb, gutter or sidewalk. Locust Grove between Franklin Road and Fairview Avenue is currently in the Five Year Work 17— Program. Wilson Street Wilson Street is a local/commercial street No traffic count available 1,020 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) No additional right-of-way required f_ Wilson Street is improved with a 36 -foot street section with curb, gutter and sidewalk on the north side of the street. B. On March 19, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On March 23, 2001, the staff met as the 3 District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. eF '-- C. A traffic study was submitted for Fountain Park Apartments in Meridian, Idaho. The key k findings of the traffic study include the following: Under the current application, Fountain Park Apartments is proposed to include a total of 220 �..+5, ■ -- units situated on a 16 -acre site. (application stated 216) Under the current application the proposed project is expected to generate 1,460 daily vehicle trips. This would include 136 trips during the p.m. peak hour. ■ The project will be developed in phases and is expected to be fully developed by the year 2005. ■ The site is proposed to have a primary access onto Locust Grove Road and a minor access onto Wilson Lane. ■ The intersection of Fairview Avenue and Locust Grove Road is controlled by a traffic signal. - The four approaches all include left -turn bays and the westbound approach includes an exclusive right -turn lane. ■ The intersection of Pine Street and Locust Grove Road is currently a three-legged intersection with Locust Grove ending at Pine Street. The Locust Grove traffic is currently controlled by a stop sign with Pine Street traffic having the right-of-way. After construction of the extension of Locust Grove to Franklin the intersection of Pine Street and Locust Grove Road will most likely be an all -way stop controlled intersection. The connection of Pine Street from Eagle Road to Locust Grove is currently in the Five Year Work Program (RD129), and is currently projected for a FY 2003 constriction. ■ The site access on Locust Grove will operate at a Level of Service (LOS) C at build out. i ■ Locust Grove Road is classified as a minor arterial and is currently a two-lane paved road. Included in the current ACHD Five Year Work Program., FY O1-05, is a project that will extend Locust Grove Road from Fairview Avenue to Franklin Avenue. The current roadway extends only from Fairview Avenue to Pine Street. The project will widen the roadway to Manes and include a new railroad crossing. Preliminary engineering is budgeted for FY 2003 and construction is scheduled for FY 2005. ■ Fairview Avenue is classified as a principal arterial and is currently afive-lane roadway. In addition to the project listed for Locust Grove Road between Fairview and Franklin, ACHD j will be reconstructing Locust Grove Road from Fairview Avenue to Ustick Road to a 3 -lane roadway. The north intersection at the intersection of Fairview and Locust Grove will be built to a 5 -lane standard. This project is scheduled for construction during this years work program. With no improvements to the southern approach at tile v e intersection of Locust Groe and Fairview, the intersection will operate at a LOS E at build -out. With tine addition of an additional through lane the intersection will operate at a LOS D. The addition of this through lane will not be required with this application. ■ The intersection of Pine Street and Locust Grove Road currently operates at a LOS C for the Locust Grove traffic. The intersection is projected to operate at a LOS C at build -out with the all -way stop controls added. f-.. The study recommends that a center left -turn lane be constructed on Locust Grove Road to accommodate the site traff c. i ]=�,untain Park.imm I',i u c d D. Utility street cuts in pavement less than five years old are not allowed unless approved in writing ,� by the District. Contact Construction Services at 387-6280 (with file numbers) for details. A h� E. The applicant should be required to construct curb, gutter and a 5 -foot wide concrete sidewalk and match paving on Wilson Street. Wilson Street should be improved to one-half of a 40 -foot street section. F. District policy requires driveways on local streets to offset a minimum of 50 -feet from public street intersections. Driveways on Wilson Lane should be located a minimum of 50 -feet from Locust Grove Road. Pave driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Wilson Lane. G. District policy requires driveways on Locust Grove to align or offset a minimum of 150 -feet from any existing or proposed driveways, and streets. The applicant is proposing to construct a driveway on Locust Grove located 265 -feet south of Wilson Lane. On February 28, 2001, the ACHD Commission reviewed and approved Locust Grove Place on the west side of Locust Grove Road, just to the south of this site. The Commission approved an entrance to that site off Locust Grove Road. This applicant has sufficient frontage and should be required to offset a minimum of 150 -feet from the approved entrance with Locust Grove Place. I The applicant is proposing to construct a median in the driveway. The drive aisles on both sides �'� of the median should be a minimum of 20 -feet wide. The driveway should be paved its full width and at least 30 -feet beyond the edge of pavement of Locust Grove Road with 15 -foot radii abutting the pavement edge. H. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on Locust _ Grove Road abutting the site. This segment of Locust Grove Road is in the Five Year Work r Program for widening in 2005 with curb, gutter and sidewalk. Staff typically recommends that the applicants provide a road trust deposit for improvements when the abutting roadway is listed i in the Five Year Work Program. However, due to the pedestrian usage generated by this site, r' and development in the area, staff recommends that the applicant construct a 5 -foot wide z concrete sidewall< in lieu of providing a road trust deposit. The applicant should coordinate the design and location of the sidewalk with District staff. I. The applicant should be required to locate any proposed gated entry a minimum of 50 -feet fi-om a public road. Coordinate the location of any proposed gated entry with District staff. .,. J. All utility and irrigation relocation costs associated with improving street frontages abutting tie site should be borne by the developer. K. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. 1=ouniain Park.cmm PoL'C. ; L. In accordance Nvlth the submitted traffic study, the applicant should be required to constr"ruct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane should be constructed to provide a minimum of l 00 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. M. Based on development patters in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. 2. Construct a 5 -foot wide concrete sidewalk on Locust Grove Road located 2 -feet within the right-of-way. If the sidewalk meanders out of the right-of-way, the applicant shall provide an easement. 3. Construct curb, gutter and a 5 -foot wide concrete sidewalk and match paving on Wilson Street. Construct Wilson Lane to one-half of a 40 -foot street section. ". 4. Driveways on Wilson Lane shall be located a minimum of 50 -feet from public street r' intersections. Pave driveways their full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Wilson Lane. 5. Construct a driveway on Locust Grove located a minimum of 150 -feet from any existing or proposed driveways or streets. Verify that the driveway location is offset 150 -feet from the approved driveway at Locust Grove Place. The applicant is proposing to Construct a median in the driveway. The drive aisles on both sides of the median shall be a minimum of 20 -feet wide. Pave the driveway its full width and at least 30 -feet beyond the edge of pavement of Locust Grove Road with 15 -foot radii abutting the pavement edge. Fountain Pork.rmm 6. Construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. S. All utility and irrigation relocation costs associated with improving street frontages abutting the site should be bogie by the developer. j 9. Any proposed landscape islandshnedians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 10. Other than the access point specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein I shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation t ,� of why such a requirement would result in a substantial hardship or inequity. The written 101 1 s request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for `j ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall °l. specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193. also knoNvrr as Ada County Highway District Road Impact Fee Ordinance. Fountain Park.rnm1 f' i 4. All design and construction shall be in accordance with the Ada County HighNN ay District k Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An �f5 engineer registered in the State of Idaho shall prepare and certify all improvement plans. °F The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable ,.- requirements of the Ada County Highway District prior to District approval for occupancy. ?_J ' 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. f Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill f- business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Fountain I'ark.rmm S. No change in the terms and conditions of this approval shall be valid unless they are in writing ~' and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, Imo- or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development m Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff r Fountain Park.cnun 11,1L,c Q April 24, 2001 k ite 128 tdscape Architecture - Civil S. Engle Road * Eagle, Idaho83616 I�or e (208$939-4041 Environmental F (208) 93954445 laririitig APR 2 4 200 City of Meridian Ity Clerk Office Cleric's Office City of Meridian 33 E: Idaho Meridian, Idaho 83642 Re: Property Posting Notification — Proposed Fountain Park Dear Mr. Berg: This letter shall serve to advise you that the above property was posted for public meeting notification on April 24, 2001. Sincerely, Phil Hull, Principal The Land Group, Inc. SUBSCRIBED AND SWORN to before me the day and year first above written. Notary ublic for Idaho Residing at: Eagle, ID Commission Expires: 10/15/2002 Member of ASLA NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on May 1, 2001, for the purpose of reviewing and considering the application of David Waldron for annexation and zoning of 16 acres from RT to R-15 for proposed Fountain Park; Furthermore, the applicant also requests a conditional use permit for planned development on 16 acres for apartments within a proposed R-15 zone for proposed Fountain Park generally located on southeast corner of Locust Grove and Wilson Lane. A more particular description of the above property is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 10th day of April, 2001 WILLIAM 9 BERG/, JR., CIYY CLERK ,: PUBLISH 13th and 27th of April, 2001 ``�`�,t atmvlE 0 1 4 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: AZ 01-004 Request: Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park By: David Waldron Location of Property or Project: southeast corner of Locust Grove and Wilson Lane Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C --------------- Water Department Sewer Department �— Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Ra.>dem AZ .27 FP -24 PPIPFP-20 VARNAC- 20 CUP -20 Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County KUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Ron Anderson MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPAR'T'MENT (208) 884-5533 • Fax 888-6854 Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: AZ 01-004 Request: Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park By: David Waldron Location of Property or Project: southeast corner of Locust Grove and Wilson Lane Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C --------------- Water Department Sewer Department �— Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Ra.>dem AZ .27 FP -24 PPIPFP-20 VARNAC- 20 CUP -20 Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: AZ 01-004 Request: Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park By: David Waldron - Location of Property or Project: southeast corner of Locust Grove and Wilson Lane Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C �'— Water Department T Sewer Department Sanitary Service Building Department f Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County Your Concise Remarks: .. J City Planner Parks Department (Realdenual oNm AZ .27 FP -24 PP/PFP-28 VARNAC- 20 CUP -28 HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 •Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: AZ 01-004 Request: Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park By: David Waldron - Location of Property or Project: southeast corner of Locust Grove and Wilson Lane Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C �'— Water Department T Sewer Department Sanitary Service Building Department f Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County Your Concise Remarks: .. J City Planner Parks Department (Realdenual oNm AZ .27 FP -24 PP/PFP-28 VARNAC- 20 CUP -28 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: Request: By: AZ 01-004 Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park nnvid Waldron Location of Property or Project: Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service southeast corner of Locust Grove ancil Wilson Lane Building Department Your Concise Fire Department _ Police Department HUB OF TREASURE VALLEY City Engineer LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: Request: By: AZ 01-004 Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park nnvid Waldron Location of Property or Project: Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service southeast corner of Locust Grove ancil Wilson Lane Building Department Your Concise Fire Department _ Police Department Meridian School District Meridian Post Office _Ada County Highway District Community Planning Assoc. _ Central District Health _ Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Na County RECEIVED C117 OF ME1111)"11AN City Attorney City Engineer City Planner Parks Department (R"i*nwonto AZ .27 FP .24 PPIPFP-20 VAANAC- 20 CUP -20 � v L Meridian School District Meridian Post Office _Ada County Highway District Community Planning Assoc. _ Central District Health _ Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Na County RECEIVED C117 OF ME1111)"11AN WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: AZ 01-004 Request: Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park By: David Waldron Location of Property or Project: southeast corner of Locust Grove and Wilson Lane Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z - Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C ' Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County Your Concise Remarks: Ale City Planner Parks Department (Re+idwmwionijo AZ -27 FP -24 PPIPFP-20 VARNAC- 20 CUP .26 Rim, I -IVF D MA S' 70191 "MEM V ``". _, HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: AZ 01-004 Request: Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park By: David Waldron Location of Property or Project: southeast corner of Locust Grove and Wilson Lane Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z - Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C ' Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County Your Concise Remarks: Ale City Planner Parks Department (Re+idwmwionijo AZ -27 FP -24 PPIPFP-20 VARNAC- 20 CUP .26 Rim, I -IVF D MA S' 70191 "MEM V ``". _, CITY CLERK FILE CHECKLIS! Project Name: Fountain Park Contact Name: David Waldron Date Received from Planning and Zoning Department: Planning and Zoning Level: RX Transmittals to agencies and others: ❑X Notice to newspaper with publish dates: Certifieds to property owners: File No. AZO 1-004 Phone: 336-5350 February 28, 2001 Hearing Date: April 5, 2001 March 8, 2001 16 -Mar -01 and 30 -Mar -01 KJ Planning and Zoning Commission Recommendation: Approve L_J Deny Notes: Cit;"Transmittals unci) Level: to agencies and others: Notice to newspaper with publish dates: I v1 Certifieds to property owners: ❑ City Council Action: Hearing Date: V g .. andt 1 ❑ Approve ❑ Deny LJ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: R—Mlo— Criprel Pce, copy Cert Mmttwk Cow Res I E'9 ErApproved by Council: Cdy Pb— Copies Disbursed: �°re Project Fl� ElFindings Recorded De" CWk A �'°°��'.t Ada Coudy Development A reement: `< (CPA.) APPk.rd(—'CPA.) RecordM Ordhpncea: Cdglyd: MrvkCLk C.,,NS `9 J( Copiee to: City Clerk Sent for signatures: -71 i -7 4 j� T. ❑ Signed by all parties: sttlT st'" C.M— Y F] Approved by Council: � F—]dgi-L Recorded: ) dhgo l Clerk orde.e, (kl�rek Mn�hook F] Copies Disbursed: Cop'ee b: AM "E14— CRY Ordinance No. Resolution No. Wk ❑ Approved by Council. " Record Ve U.. Fhdhge " Recorded V-M.tF11W Fgreemente: OrlgnatFlrepraof Flb ❑ Recorded: Deadline: 10 days Coplee b'.Ppp§writ CRYErKO— ❑ Published in newspaper: DpAyC'L1k ❑ Copies Disbursed: Notes: MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live XT V-1 CIT 11 OIV EK VIL 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 29, 2001 Transmittal Date: March 8, 2001 Hearing Date: April 5, 2001 File No.: AZ 01-004 Request: Annexation and Zoning of 16 acres from RT to R-15 for proposed Fountain Park By: David Waldron Location of Property or Project: Sally Norton, P/Z Jerry Centers, P/Z Bill Nary, P/Z Kevin Shreeve, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C —�— Water Department Sewer Department Sanitary Service southeast corner of Locust Grove and Wilson Lane Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (ResdenUa7onlo AZ -27 FP -24 PP/PFP-20 VAR/VAC- 20 CUP -20 Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West Intermountain Gas Bureau of Reclamation Idaho Transportation Department Ada County 13. After the property has b posted the applicant shall deliver to the Ting Administrator a notarized statement that he has posted the property and the date the posting was placed. (If two public hearings are required, please submit a notarized statement for each hearing) City of Meridian ANNEXATION/REZONE Application Checklist (Incomplete applications will not be processed) Applicant:.tVtD j,,JA 0<-6N Submittal Date: Project:,. Application Completion Date: �/ 15 /Zclz i_ Hearing Date: P&Z/CC Item No.,Description Comments ( ' 1. Completed and signed Annexation/Rezone Application 2. Warranty deed 3. Notarized consent of titled property owner(s) ✓' 4. Legal description ✓ A statement describing the characteristics which make zoning 5 amendment desirable. A statement outlining the necessity of desirability of development / 6. pertaining to the zoning amendment and harmony with adjacent development 7. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan - cite policy numbers. 8 One (1) map at a scale of 1"=100' of the property concerning the zoning amendment. 9. One (1) copy of a vicinity map at a scale of 1"=300' 10. List of property owners within 300' ✓� A fee: Less than 1 acre - $400.00 / 11. Over 1 acre - $400.00 + $15.00 for each additional acre Mailings - $0.34 per notice; then multiply by two (2) 12. Property posting affidavit Notarized statement that the property was posted (to be submitted 13. after posting). Please submit a notarized statement for each public hearing. LF..,Ac( V,ruct, 0" 12-15-zOo% 3 Rev. 10/26/00 CITY OF MERIDIAN Planning & Zoning Department 200 E. Carlton Ave., Ste. 201, Meridian, ID 83642 (208) 884-5533 / (208) 888-6854 Fax ANNEXATION AND ZONING OR REZONE APPLICATION (RE: Meridian Zoning Ordinance — Section 11-15 and 11-16) PROPOSED NAME OF PROJECT/SUBDIVISION: Fountain Park ADDRESS, GENERAL LOCATION OF SITE: southeast corner of Locust Grove and Wilson Lane TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential, multi -family ACRES OF LAND IN PROPOSED ANNEXATION/REZONE: 16.0 PRESENT LAND USE: vacant — RT zone PROPOSED LAND USE: R-15, multi -family residential PRESENT ZONING DISTRICT: R -T PROPOSED ZONING DISTRICT: R-15 APPLICANT: David Waldron ADDRESS: 1933 Springbrook Lane Boise, Idaho 83706 PHONE: (208) 336-5350 FAX: (208)345-4879 E-MAIL: d ENGINEER, SURVEYOR, PLANNER: Phil Hull, The Land Group, Inc. ADDRESS: 128 South Eagle Road, Eagle, Idaho 83616 PHONE: 939-4041 FAX: 939-4445 OWNER(S) OF RECORD*: Barbara E-MAIL: 1pjCCII�I net ADDRESS: 6227 Marlborough Drive, Goleta, California 93117 PHONE: FAX: E-MAIL: I have read the information contained herein and certify the information is true and correct. V VBG` V ' rtA2"v I' Signature of Applicant Rev. 10/26/00 02/14/2001 11:50 208-344-'--303 202 N 9TH STREET PAGE 02 WARRANTY DEED' 14870f'0521 Fps VOW MPC BARBARA C. HYALL. Trustee, or her successors In ^riot, wiser the 212.11 JUM CLARK MOL►'B TRUST. and any Aalendoenta MB�I�tOe''Aet� Au�uat X0,1990 , to dog �t i7 Cr*at. b�►ph. ped &d co"m onto M �}4 A tin Y)•,%� s=27 Marlborough orive, coi•c®, CA.:: �'hi;•:J140.d ......:,?...... C4"ytdam.to-wk-` Nlreaeeao,(19) a Twenty (201 of the yyY.rl r�11on.'''�ooerd1 9 t01 thb plat thereof, flied lmsv� . at7; �f�Otllbd`tyoord" in Doak 12, page 665 of Plata In the 1 t�:>Ieeonder of Ada County, state of Ldaho. bi k , Thi � '� ��. '.� � ' 1•� 1 it X92 DEC 7 nn B 49 I TD .RAVE AND TO H" 100 uta pet'r*ha, a'bA IMT► arPartenow" wuo PAR edd Ormom . ,�t�' • '. twr heeler ud �� foeR.v. Aad 1Ae O,u1a M Aa�,by Re.enw laaad ade cramom ." 16 In 10± ooeer 6e fa A0* d "M pOwl 1Rr► wit frar !rasa a! mon6mMaeY aa9 QeM �r •� ArW TMs �eMd IA,e rR IMad ea tA�fid tlAlral Y11>t1fOR'R7. OrM16 1awalwr .�.n , 1992 BAPBAMA C. MYALL. Tj ustee XMvm07 Com. "or SAM BARBARA tae0 dw c Mpvemb•r .m 92 her a% a er4/r P16 1e W to Gerd a.R W --ft MAJMRA C. NVALL, Trustee tw.aRrN.IRM .in,emep, I on In as •R► aor e�ew•:d.d to •or Nr er,. '.. SIAyff W MA166,COWOV OR 1 belt' e+Mry 11r/ na feRfl�- •• len, !r nee•1 r rr M ,Ids Hr d h , b eei MM• .nA Am,r recaAed h bo. d Decal r Mee s • � ter1 Bw1Aad Beata barbare° Mail la !iM'aeAoauat 10. I9'6 .dr r..OlFKw enw A.. 1CCf11 Trlle Comlretme-f Ilibibil V 02/14/2001 11:50 208-344 -303 kVi Order No, 200004 I. Effective Date: at 2. Policy or Policies to be issued: (a) M Owner's Policy Proposed insured: David E. Waldron Endorsements: (b) O Loan Policy Proposed Insured: NONE Endorsements: 202 N 9TH STREET 1��.t�cc;�c?it�t2�,►c.��t4't9�(k(k(k(. Policy Amount Amount 3, The estate or interest in the land described or referred to in this Commitment and Covered herein is: Fee Simple a, Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: Thomas E. Myall and Barbara C. Myatt, Trustees under the Myatt Trust, dated September 26, 1989 5. The land referred to in this Commitment is described as follows: Lots 18, 19 and 20 of Pleasant Valley Subdivision, According to the plat thereof, Filed in book 12, page 665,of plats in the office of the county recorder of Ada County, State of Idaho. 3539 \LTJ. Commitment Form Schedule A of this policy consists of 1 pagcis). CONSENT TO SUMMIT A PPLICA TION TO T111. r. rrY OF MEIRIDIA.N 1, 80rbQrt Myall, owner of tile property 108AIly known as I.,uts I8, ►y, ttnd ?U ol'Plensant Vultuy Suhdivi ritrn, do ItcrebY give MY IICfI1,iSsion Io the applicnnl. [)twit Waldron, to sublylilt en APPIication for Annexnlion, Re-xunc lnd Conditional Use PtIrrnit. " ,I �P e BARBARA MYALL c.anrmtss W 0 1145140 Nofoy Pubrtc - CeIRanIq } Santo tloltiuro County MYCamm, Fxokmo Jul 3,200 t i Ncriury Public fur CaIil"ofr iu CI1n11111SSlon F.xpiras; Legal Description For Subject Parcel A parcel of land being all of Lots 18, 19, and 20, and a portion East Wilson Lane and North Locust Grove Road of Pleasant Valley Subdivision, according to the plat thereof, filed in Book 12, Page 665 of Plats in the Office of the County Recorder, Ada County, Idaho, located in the West 1/2 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly describe as follows: Commencing at the Section corner common to Sections 5, 6, 7, and 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence along the boundary line common to Sections 7 and 8, South 00000'23" West a distance of 445.00 feet to a point on the centerline of East Wilson Lane, said point also being THE TRUE POINT OF BEGINNING; thence along the centerline of East Wilson Lane, North 89034'33" East a distance of 1038.17 feet to a point on the northerly extension of the line common to Lots 7 and 20 of Pleasant Valley Subdivision; thence along said extended line and the common line of Lots 7 and 20 of Pleasant Valley Subdivision, South 00000'23" West a distance of 1014.63 feet to a point on the southwesterly boundary line of said Pleasant Valley Subdivision; thence along said southwesterly boundary line, North 6504637" West a distance of 294.73 feet; thence along said southwesterly boundary line and an extension of said southwesterly boundary line, North 5505937" West a distance of 928.00 feet to a point on the line common to Sections 7 and 8; thence along said common line, North 00000'23" East a distance of 367.00 feet to THE POINT OF BEGINNING. Said parcel contains 740,401 square feet or 17.00 acres, more or less. M.eridhart Public Wri'rks Deft. Land Surveying Services 1401 Shoreline Drive, Boise, tdaho 83702 9 208,363.0058 ftu 208.363.0800 N-00b533Y- IL G1 I G i dr z } ! 14 � Z44 P� r g ti� r •r /� 0 ' lit j r) / sradssl W *y .. aq 17- THOMAS AND BARBARA YYALL f`.�' LOTS la. 19 AND TO PLfASAMt vALIY SUBOMSION EXHIBIT MAP 7ua1:. _ _ _. 1I.O(P b. ObAC If.11i z 0� 4 .rrw � r�r ►c . r w�� Zoo QIAVQ NOSSHaNV 00800CWT XVd TT:LT TO/CT/90 _ THE LAND GROUP, INC. February 13, 2001 Landscape Architecture ® Civil Engineering ® Environmental & Site Planning 128 S. Eagle Road a Eagle, Idaho 53616 ° Phone (208) 939-4041 • Fax (208) 939-4445 City of Meridian Planning & Zoning 200 E. Carlton, suite 201 Meridian, ID 83642 Re: Fountain Park Apartments Dear Planning & Zoning, The following letter is a response to items #5, #6, and # 7 on the Rezone Application. #5. Description of site characteristics which make the zoning amendment desirable. The 16 acre site is located on the s. e. corner of Wilson Lane and Locust Grove, south of Fairview. The land is generally flat with good access to major roads. Wilson Lane is improved with % street section on the north side while Locust Grove is currently a two lane road. Utilities (sewer, water, gas) are available to the site are currently in the right- of-way. ight- ofway. The land use to the north is highly developed with commercial properties. A planned multi -family project and rezone is desirable in this area to encourage higher density housing close to shopping and commercial service areas as well as to provide a transition between the commercial and lower intensity land use designations. #6. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development. The adjacent northern properties are a mix of commercial uses including Eddy's Bakery, D & B Supply, Moxie Java, a Salon, Hollywood Video, multiple restaurants, and other service oriented businesses. Within close proximity (easy walking distance) is Fred Meyer, Key Bank, and Walgreens Pharmacy. Multi Family housing is a very desirable component in this area providing housing close to places of work and shopping to support the local economy. 0. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan. Fountain Park is located within a comprehensive plan area designated as Mixed -Planned Use Development. Multi Family housing projects are considered compatible and complementary to adjoining land uses when the following policies are examined. Member of AS LA Land Use: 1.8U Promote the development of high-quality and environmentally compatible residential areas that contina the necessary parks, schools, and commercial facilities to maintain and form identifiable neighborhoods. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential... Economic Development: Provide a full range of desirable housing for individuals and families who have chosen Meridian as their home. 3.lU Approve quality housing projects that meet the needs of all economic levels. 3.2U Encourage the efforts to develop and maintain quality neighborhoods and housing which are recognized as basic infrastructure requirements of economic development. Natural Resources and Hazardous Areas: 1.1U Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Transportation: 1.9U Encourage residential and non residential developments to provide adequate easements for future pathways. 1.19U Consider the needs of pedestrians and bicyclists in the development review process. Pathway Goals Statement Meridian will provide equal emphasis on pedestrians, bicyclists, and equestrians as it does on vehicular traffic in all land use decisions. 4.1 Multiple Use Pathways: includes the Jackson Drain. Paths are multi-use facilities which are paved and separated from the roadway. They serve as inter- neighborhood connections, provide recreational opportunities along waterways and safe connections to parks, schools, and stores. Open Space, Parks, and Recreation: 2.5U all changes to land use will be considered as opportunity to: a. provide greenways, bicycle paths or pedestrian access to public parks, and links between parks, schools, and neighborhoods. c. Encourage the development of recreational open spaces and parks as part of planned developments. Fountain Park currently has planned a 1.5 acre central open space and an open space coverage of 55%. d. Require development impact fees... 3.1b. Playa major role in conserving area scenic and natural values, especially waterways, drainageways, and natural habitat. 3.4U emphasize the establishment of connecting trails and open space networks. Housing: 1.1 provide for a wide diversity of housing types... in a variety of locations suitable for residential development. PLEASANT VALLEY PROPERTY OWNERS WITHIN 300' BARGER RUSSELL 5 1372 W KIMRA ST MERIDIAN ID 83642-2425 1515 E FAIRVIEW AVE L C DEVELOPMENT INC PO BOX 518 MERIDIAN ID 83642-0000 1315 N LOCUST GROVE RD 1295 N LOCUST GROVE RD 1215 N LOCUST GROVE RD CB FINANCIAL DEVELOPMENT LLC 10378 FAIRVIEW AVE STE 216 BOISE ID 83704-0000 E FAIRVIEW AVE PRESLEY RANDALL E TRUST PRESLEY RANDALL E TRUSTEE 3151 AIRWAY AVE STE F-207 COSTA MESA CA 92626-0000 1560 S LOCUST GROVE RD SCHRANDT FAMILY LIMITED PARTNERSHIP 3303 E LINDEN ST CALDWELL ID 83605-6077 1725 E FAIRVIEW AVE YICK YEE FAMILY CO LLP 4393 SILVER LEAF EXT EMMETT ID 83617-0000 1700 E FAIRVIEW AVE FFCA ACQUISITION CORPORATION 17207 N PERIMETER DR SCOTTSDALE AZ 85255-0000 1921 E FAIRVIEW AVE WILD SHAMROCK LLP 12301 W EXPLORER DR STE 240 BOISE ID 83713-6000 1975 E FAIRVIEW AVE 1951 E FAIRVIEW AVE 1943 E FAIRVIEW AVE E FAIRVIEW AVE LOCUST GROVE LIMITED LLC 1101 W RIVER ST STE 110 BOISE ID 83702-0000 E WILSON LN GEYER WILLIAM M GEYER PATRICIA M 967 E PARKCENTER BLVD SPC 282 BOISE ID 83706-6721 E WILSON LN ELLIOTT GROUP LLC 2065 E FAIRVIEW AVE MERIDIAN ID 83642-0000 E WILSON LN TUCKNESS LAWRENCE R 1621 E COUGAR CREEK DR MERIDIAN ID 83642-7339 E WILSON LN 1.4 The development of housing for all income gropus close to emplyment and shopping centers should be encouraged. 1.19 High density development, where possible, shold be located near open space corridors... and near major access thoroughfares. Community Design: 1.3 Open space areas within all development should be encouraged. 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.11U Promote well-planned and well-designed affordable housing in all Meridian Neighborhoods. It is our intent to provide Meridian with a high quality multi family residential project in close proximity to employment and commercial services that will be an asset to the community and help provide for years of continued economic growth. Thank you for your consideration of our rezone request. If you have any questions concerning our submittal or development plan, please feel free to call. Sin y, Phil Hull, A.S.L.A. THE LAND GROUP, INC. R0ffi-t VAIXTA bq, 14tm- BARGER RUSSELL 5 1372 W KIMRA ST MERIDIAN ID 83642-2425 1515 E FAIRVIEW AVE L C DEVELOPMENT INC PO BOX 518 MERIDIAN ID 83642-0000 1315 N LOCUST GROVE RD 1295 N LOCUST GROVE RD 1215 N LOCUST GROVE RD CB FINANCIAL DEVELOPMENT LLC 10378 FAIRVIEW AVE STE 216 BOISE ID 83704-0000 E FAIRVIEW AVE PRESLEY RANDALL E TRUST PRESLEY RANDALL E TRUSTEE 3151 AIRWAY AVE STE F-207 COSTA MESA CA 92626-0000 1560 5 LOCUST GROVE RD SCHRANDT FAMILY LIMITED PARTNERSHIP 3303 E LINDEN 5T CALDWELL ID 83605-6077 1725 E FAIRVIEW AVE PICK YEE FAMILY CO LLP 4393 SILVER LEAF EXT EMMETT ID 83617-0000 1700 E FAIRVIEW AVE FFCA ACQUISITION CORPORATION 17207 N PERIMETER DR SCOTTSDALE AZ 85255-0000 1921 E FAIRVIEW AVE WILD SHAMROCK LLP 12301 W EXPLORER DR STE 240 BOISE ID 83713-6000 1975 E FAIRVIEW AVE 1951 E FAIRVIEW AVE 1943 E FAIRVIEW AVE E FAIRVIEW AVE LOCUST GROVE LIMITED LLC 1101 W RIVER ST STE 110 BOISE ID 83702-0000 E WILSON LN GEYER WILLIAM M GEYER PATRICIA M 967 E PARKCENTER BLVD SPC 282 BOISE ID 83706-6721 E WILSON LN ELLIOTT GROUP LLC 2065 E FAIRVIEW AVE MERIDIAN ID 83642-0000 E WILSON LN TUCKNESS LAWRENCE R 1621 E COUGAR CREEK DR MERIDIAN ID 83642-7339 E WILSON LN MYALL TRUST THE MYALL T E & B C TRUSTEES 6227 MARLBOROUGH DR GOLETA CA 93117-1637 1470 N LOCUST GROVE RD LIVINGSTON RICHARD R & LIVINGSTON BERNADETTE L 1280 N LOCUST GROVE RD MERIDIAN ID 83642-5926 BAKER DENNIS M BRANDT DON 250 BEECHWOOD DR STE 120 BOISE ID 83709-0944 1190 N LOCUST GROVE RD B W INC 250 S BEECHWOOD DR STE 120 BOISE ID 83709-0944 S LOCUST GROVE RD r ���� CMIMI AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE 1, Phil Hull, representative, do hereby affirm that I will have the public hearing notices posted I week prior to the hearings regarding the applications for Annexation and Zoning and Conditional Use Permit for the proposed Fountain Park project. T Ao 1� a lam, 001, 0-00600000 0 F PHIL HULL, Representative for Applicant .4 10 Notary P4blic for Idaho Commission Expires: 10/15/2002